(5) "Highways" mean roads, streets, alleys and bridges laid out or established for the public or dedicated or abandoned to the public. Highways shall include necessary culverts, sluices, drains, ditches, waterways, embankments, retaining walls, bridges, tunnels, grade separation structures, roadside improvements, adjacent lands or interests lawfully acquired, pedestrian facilities, and any other structures, works or fixtures incidental to the preservation or improvement of the highways. Roads laid out and recorded as highways, by order of a board of commissioners, and all roads used as such for a period of five (5) years, provided they shall have been worked and kept up at the expense of the public, or located and recorded by order of a board of commissioners, are highways.
Basically, hitchhiking is illegal based on the definition of highway. You CANNOT solicit rides
form the shoulder or berm. It would be very hard to defend your position against an officer who claims you are breaking the law by soliciting a ride within the boundary lines of any road property, therefore avoid cops in this state at all costs! The cops in the southern two thirds of the state can be tricky to avoid. The cops in the northern third of the state (highway 12 and all points north) seem not to mind hitchhikers as much. [[User:Zenit|Zenit]] was passed by a state trooper near Moscow, ID, without being hassled at all, while the Orofino city police (Highway 12) politely prohibited him from hitchhiking.
A loophole to this law might be the word ''stand''. If you walk and hitchhike at the same time, you might be fine - but any cop is gonna hate your smart ass and the reaction of a judge is unpredictable as well.