Traffic Violations in Idaho

A traffic violation is a term used to describe any act that goes against the traffic laws of a specific state or country. In Idaho, these violations occur when drivers, cyclists, and other road users break the laws that control vehicle operation on state roads and highways. The willful or unintended disregard of traffic laws by any road user may lead to an accident, injury to the driver or another person, and in some circumstances, fatalities. Details of these offenses are typically featured in the offenders Idaho traffic records.

Typically, traffic violations are either civil or criminal. Civil traffic violations in Idaho are categorized as infractions or low-level offenses. By this, the culprit’s liability is limited to the payment of fines, undergoing driver education courses, community service, and other court-approved non-incarceration sentences.

On the flip side, criminal traffic violations are serious offenses that take on the categorization of misdemeanor or felony. These violations usually result in bodily injury, damage to property, or death. A convicted culprit may be subjected to some penalties that accrue to minor traffic violations for committing this type of traffic violation. However, it is still possible for the culprit to also serve a prison sentence, depending on the circumstances and severity of the violation.

It is common for motorists in Idaho to be pulled over and issued a ticket by law enforcement for a traffic violation. Sometimes, the ticket may be mailed to the culprit; this occurs more with parking and red light tickets not attached to a vehicle. In the case of a severe traffic violation, such as where a motorist operates on an Idaho highway while under the influence of drugs or alcohol, law enforcement will immediately take the motorist into custody.

To handle a traffic violation in Idaho, the culprit has to sort it out at a local court or a parking agency in the case of a parking ticket. Overall, it is important to know the essence of traffic laws and why road users need to abide by them. The state places these restrictions on road usage and behavior to ensure that vehicle owners and other motorists respect the rights of all road users and make safety a priority.

Types of Traffic Violations in Idaho

Moving violations in Idaho are offenses that arise when a vehicle breaks a traffic law while in motion. Common examples of moving violations in Idaho are speeding, inattentive driving, going beyond the minimum speed rule, etc. Other examples are, refusing to stop at a stop sign and passing a school bus.

In contrast, a non-moving violation is unrelated to a motorist driving. Instead, it is related to wrongful parking or even having faulty equipment. Non-moving violations in Idaho include broken accelerator pedals, breaks, airbags or tires, having no license plate, and a broken taillight.

The Division of Motor Vehicles (DMV) under the Idaho Transportation Department receives the records of traffic violations and issues demerit points for moving violations. The culprit may get between one to four points for each moving violation. The DMV publishes a chart that shows the demerit points attached to different traffic violations in the state. A few examples are listed below:

Driving on a sidewalk attracts three points
Racing on a public highway attracts four points
Refusing to obey a traffic direction attracts two points
Overtaking a school bus attracts four points
Disobeying stop signs attract three points
Speeding in a work zone attracts four points
Speeding in a school zone attracts three points
Failure to yield attracts three points
Inattentive driving attracts three points
Ignoring the requirement to stop at a railroad grade crossing attracts four points.
Moving heavy-duty equipment at a railroad grade crossing attracts three points.
Following too closely attracts three points
Driving too slow attracts two points
Obstructing a driver’s view or driving mechanism attracts three points
Failure to exercise due care attracts three points
Driving one to fifteen miles per hour over the speed limit attracts three points
Driving sixteen or more miles per hour over the speed limit attracts four points

An Idaho motorist that accumulates 12 to 17 points in 12 months will get a thirty-day suspension from the DMV. Getting 18 to 23 points in 24 months further attracts a ninety-day suspension, and 24 points or more in 36 months warrants a six-month suspension. In practice, drivers are informed by a warning letter when they accumulate points, and they risk getting a suspended license.

Idaho statutes authorize judges or the DMV to suspend, disqualify, revoke, or downgrade a person’s driver’s license. In such instances where this power is exercised, the driver is convicted of certain offenses, and the law does not take the driver point violation count into account. So, a convicted driver can have their license suspended for committing certain offenses, even if they have low demerit points on the record. Examples of violations that can lead to such a suspension include:

Fleeing the scene of an accident before the arrival of police
Committing a felony with the use of a vehicle
Fleeing the scene of an accident that caused an injury or death
A conviction for an offense in another jurisdiction, if the offense would have grounded suspension if committed in Idaho
Driving without privileges; such as driving with a suspended or revoked license, or when the driver is disqualified from driving
Refusing to pay a judgment that arises from damages caused by an accident

However, a driver with points on record may take a Defensive Driving Course (DDC) to reduce three points from the total. A driver can only take the course once every three years, and it must be taken before a suspension for accumulating too many points. Upon completing an approved DDC course, the point reduction will be applied to the person’s Idaho driver’s license record only; completing the course does not remove convictions on the person’s driving record. The ITD further provides a list of approved DDC providers.

Alternatively, an individual may take a city-sponsored Traffic Safety Education Course (TSC) once every three years to reduce total point accumulation. However, this applies only where the course is offered to the driver, who must accept it at the time of the citation when pulled over. The course removes the number of points associated with the citation from the person’s driver’s record. As stated above, the program is at the enforcement officer’s discretion at the time of the stop.

Where a person’s license has been suspended for a traffic offense, the person may qualify for a restricted driving permit. The permit allows the person to drive to counseling sessions, medical appointments, place of employment, church, grocery store, etc. To apply for the permit, an interested person must complete the Restricted Driving Permit Application or Form ITD 3227, Driver’s Agreement or Form ITD 3238, and Work and/or School Verification or Form ITD 3208.

These forms are available on the Idaho Transport Department’s website. Completed forms alongside all the important requirements may be sent via mail to the Idaho Transportation Department, DMV Operations - Restricted Permits, P.O. Box 34, Boise, ID 83731-0034. Alternatively, applications may be sent by email at RDPermits@itd.idaho.gov.

Idaho Traffic Violation Code

Title 49, Chapter 6 (Motor Vehicles) of the Idaho Code, otherwise called “Rules of the Road,” is the primary traffic violation code in the state. It provides for unacceptable driving behavior and other prohibited acts of road usage. Further, motorists in the state may consult the Idaho Driver Manual for guidance on proper driving behavior.

Idaho Felony Traffic Violations

Most traffic violations in Idaho are recognized as crimes, misdemeanors, or infractions. However, in aggravated circumstances, these violations may be bumped up to felony status. Some instances are where driving offenses lead to death, property damage, permanent bodily disfigurement, fleeing the scene of an accident, etc.

Another instance of felony traffic violation is where a person flees or attempts to evade a police officer and damages another’s property or causes damage to the person’s property. Others are negligent homicide and driving a vehicle while under the influence. In Idaho, felony traffic violations carry stiffer prison sentences, typically more than a year, and harsher fines than misdemeanor offenses.

Idaho Traffic Misdemeanors

Not every breach of traffic laws is a serious offense because if there is a trial for every traffic offense, the justice system will be overwhelmed. Thus, less serious traffic offenses in Idaho are treated as misdemeanors, and these offenses are punishable by fines or an incarceration term of less than a year. Examples of misdemeanor traffic offenses in Idaho are reckless driving, negligent driving, inattentive driving, racing, and the first offense of reckless driving.

Idaho Traffic Infractions

A traffic infraction in Idaho is not a criminal charge but a civil citation. These are the most common types of traffic violations in the state, resulting in a traffic citation or ticket. A traffic infraction does not attract stiff punishments. Persons cited for traffic infractions may have to pay fines, do community service, attend mandatory traffic school. However, there is no jail time attached to this type of offense, and the fines payable here are lesser than those for misdemeanors and felonies. Common examples of traffic infractions in Idaho are speeding, running a red light, failing to have insurance, illegal lane change, and refusing to yield.

Idaho Traffic Violation Codes and Fines

Idaho has an Infraction Penalty Schedule published by the Supreme Court that lists traffic violation codes and applicable fines. Some of them are:

Failure to fasten safety restraint under Section 49-673(3) has a fixed penalty of $10
Pedestrian and bicycle infractions attract a fine of $5 and $16 in court costs
Speeding in a construction zone under § 49-657 attracts a fixed penalty of $50 and $16 n court costs
Speeding in a school zone under § 49-658 attracts a $100 fine and $16.50 in court costs
Allowing an authorized minor to drive under section 49-333(2) attracts a fixed fine of $54.50 and $16.50 in court costs
Renting a vehicle to an unauthorized driver under section 49-334 attracts a fine of $54.50 and $16.50 court costs
Driving with an expired license under section 49-319 attracts a fine of $44.50 and $16.50 in court costs
Driving with a restricted license under section 49-317 attracts a fine of $44.50 and $16.50 in court costs
Operating a vehicle without proper registration under section 49-456(1) attracts a fine of $44.50 and $16.50 in court costs.
Texting while driving attracts a fixed penalty of $25 and $16.50 in court costs

How to Pay a Traffic Violation Ticket in Idaho

Getting a traffic citation in Idaho means that the affected person must either pay the required fine or fight the citation in court. When a motorist pleads “not guilty” or fails to beat the charge, the motorist will have to pay the stipulated fees. The motorist may adopt any of the following payment methods: online, by mail, phone, Dropbox, or in person at the court.

Paying online is the fastest and most convenient payment method, especially for motorists facing traffic citations. An online iCourt service offers motorists the option to make these online payments to any court in Idaho.

Interested persons must first select the county where the traffic ticket was received and then choose a service type. The iCourt service will then lead the user through the payment process. The online service has a 3.5% service charge on any credit card used for the transaction.

Traffic Violation Lookup in Idaho

An Idaho driver’s license record contains a complete history of a person’s traffic violations, convictions, accidents, etc. It also contains information on license suspensions, revocations, failure to appear notices, deferred prosecutions, etc. As a result, a person’s driver’s record is the best place to find traffic violations in Idaho.

To obtain this record, an interested person may visit a nearby DMV location. The Transportation Department’s website publishes an official list of all DMV locations in the state, and the list also contains city or county addresses, telephone numbers, and office hours.

Alternatively, an individual may submit a written request by mail. To do this, such a person may search the Transport Department’s website for the driving record request form. Next, print out the form and mail it to the department at Vehicle Services/Special Plates, Idaho Transportation Department, P.O. Box 34, Boise, ID 83731-0034.

How to Plead not Guilty to a Traffic Violation in Idaho

Pleading “not guilty” to a traffic violation means that the affected person is interested in contesting the ticket. Drivers in Idaho may decide to fight a traffic ticket if they consider themselves innocent of the offenses charged. The affected driver must show up in court before or on the ticket’s due date to challenge a ticket.

The citation would typically contain information on scheduling a court date for a traffic citation. However, failing to beat the traffic ticket will result in higher fines and fees, which the driver must pay, to avoid harsh consequences like a license suspension, revocation, or an increased car insurance rate. So, it is advisable to hire an expert attorney experienced in fighting traffic tickets.

What Happens if You Plead No Contest a Traffic Violation in Idaho

A “no contest” or “nolo contendere” plea to a traffic violation in Idaho has the same legal effect as a guilty plea. It is quite different from a guilty plea because the person taking the no contest plea does not deny the violation but does not take up responsibility either.

As a result, the conviction cannot be used to impose liability in the event of a civil action, such as a civil damages suit. The person pleading “no contest” may face the same sentence and penalties as someone who pleads guilty. These punishments include fines, jail time, traffic courses or school, and community service.

How Long Do Traffic Violations Stay on Your Record?

The transportation department maintains demerit points and convictions for traffic violations, and it remains part of a driver’s record for three years. Having a traffic violation on a person’s driving record can affect the person’s car insurance rates negatively because insurance companies would regard the motorist as high-risk.

Can Traffic Violations Be Expunged/Sealed in Idaho?

An expungement order deletes a person’s criminal record from all official sources, reserving a confidential file that only judges may access. This order implies that banks, landlords, employers, etc., cannot view an expunged record.

Idaho allows juvenile records to be expunged, so an underage driver may apply for expungement upon maturity. However, expungements in Idaho are limited, and not all convictions can be expunged.

The Idaho State police may also expunge non-conviction records, and once expunged; the arrest records are deleted. When a court allows a juvenile expungement, the record is automatically sealed. Third parties cannot view it without a court order, and the record owner may deny having a record.

What Happens if You Miss a Court Date for a Traffic Violation in Idaho?

Missing court date for a traffic violation in Idaho is an offense called “Failure to Appear on A Citation”. Where a defendant fails to appear, the court may mail a notice to the person at the address on the citation where a defendant fails to appear. The notice requires the defendant to appear before the court or pay a fine.

The court may also issue an arrest warrant based on the citation if the motorist does not appear or accept and file a complaint made under oath for the failure to appear offense.

If the failure to appear occurs after a first appearance, the court may order a bond forfeiture. It may issue a bench warrant, giving law enforcement the authority to arrest the defendant and bring the person to court.