In Idaho, all traffic violations are handled by the
magistrate division of the district court. The
method of handling traffic citations depends upon whether the offense is an
infraction or misdemeanor.
Any person issued a Uniform Citation
(traffic ticket) is required to acknowledge service
of the summons by signing a promise to appear printed on the bottom of the
citation. The signature of the person
receiving the citation indicates only a promise to appear and is not in any
way an admission of guilt. If the driver
refuses to sign the written promise to appear, the law enforcement officer may
serve the citation on the defendant by personal delivery to him.
A.
Misdemeanors: For misdemeanor traffic
offenses, the defendant is normally required to appear in court in the county
where the offense is alleged to have occurred.
The defendant may request arraignment on the
charge in another county more convenient to him or her.
This request is made to the officer issuing the citation who may
grant or deny it, although usually it is granted.
In the event a plea of not
guilty is subsequently entered on a citation transferred from another county,
the case may be sent back and the trial held in the county where the offense
allegedly occurred.
Citations are filed
by the issuing officer with the court indicated on the summons.
If the defendant fails to appear in court on the date indicated
on the citation, the magistrate judge can issue a warrant for the arrest of
the defendant. The charge is for failure to
appear. When served, this warrant results in
the arrest of the defendant and may lead to incarceration if the defendant is
unable to post the bond set by the magistrate judge on the warrant.
The amount of bail for
misdemeanor traffic offenses is set forth in the Idaho
Misdemeanor Criminal Rules.
A defendant entering a plea of
not guilty to a misdemeanor traffic citation charge may have a trial before a
judge or jury. A trial before the judge is a
relatively informal procedure if the defendant is not represented by an
attorney. The prosecuting attorney is
representing the law enforcement agency that issued
the citation.
A trial by jury always
involves a prosecutor for the state, and the
defendant is advised, although not required, to
be represented by an attorney.
Once a penalty is imposed,
the defendant remains in the custody of the court until fines and court costs
have been paid. If a defendant is able to pay
the fine but refuses to pay, the defendant can be
incarcerated in the county jail until fines and costs are satisfied at the
rate of $5.00 per day. Many courts offer
defendants the opportunity to perform community service work in lieu of
payment of fines.
B.
Infractions: Minor traffic offenses in
Idaho are called infractions. An infraction is
not a crime but is a civil public offense for which
there is a maximum penalty and for which there can
be no jail time imposed. The
Supreme Court has established by court rule a fixed penalty schedule for
infraction violations. The fixed penalties
cannot be increased, decreased, suspended, or withheld by any court.
The penalty is more in the nature of a fee, and the fixed penalty
is not a criminal fine. Because an infraction is not a crime, a defendant may
never be arrested for an infraction and may never be required to post bail.