In Idaho, a peace officer who stops someone for a misdemeanor traffic violation generally must either take the person before a magistrate or issue a citation for later processing under court rules. Infractions are handled similarly to misdemeanor citations, but without a jury, and the same burden of proof and evidence rules apply. People who want to challenge a citation generally ask for a hearing or submit a written plea or contest as allowed by the court rules. A timely request for a hearing can pause some license actions while the matter is decided.
Current Idaho law
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The deadline that matters
If the matter involves a license suspension, a hearing request must be filed not later than 21 days after service of the notice under Idaho Code § 7-1409.
What Idaho law says
When a person is stopped for a misdemeanor traffic violation, the officer must either take the person before a magistrate or issue a citation, processed under rules of the supreme court, as described in Idaho Code § 49-1411 and Idaho Code § 49-1409. The rules that govern processing and trial of infraction citations follow the procedures for misdemeanor citations, except there is no jury, and the burden of proof and rules of evidence used are those applied in criminal trials, under Idaho Code § 49-1502. The procedures in this chapter generally govern officers making arrests without a warrant for misdemeanor traffic violations, though they are not the only lawful methods for arrest and prosecution of like-grade offenses, per Idaho Code § 49-1413. For certain license-related actions, a timely hearing request by the licensee stays suspension, and hearings must be requested within the timeframe the law sets, under Idaho Code § 7-1409.
What to do
A common first step is to read the citation and any notice to find how to request a hearing or enter a plea under the court rules.
A common option is to file a written plea or contest and, if available, also request a formal hearing with the court or department.
A common next step is to request a hearing by the deadline that applies (for license actions, within 21 days) so any suspension may be stayed while the hearing proceeds.
A common action is to collect any evidence you think is relevant, such as photos, witness information, or records, to present at a hearing.
A common final step is to attend the scheduled hearing or appear at the court date provided and follow the court’s procedures for the proceeding.
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Common questions
Can I be taken before a magistrate instead of getting a citation?
Yes. The law provides that an officer shall take a person before a magistrate or issue a citation, with processing under supreme court rules as stated in Idaho Code § 49-1411.
Are infraction proceedings criminal trials?
Infractions are civil public offenses but the law requires that the burden of proof and the rules of evidence applied in infraction proceedings be those provided in a criminal trial, per Idaho Code § 49-1502.
Will requesting a hearing stop a license suspension?
A timely request for a hearing stays the suspension of a license or licenses when that statutory process applies, under Idaho Code § 7-1409.
What rules govern how officers make arrests for traffic misdemeanors?
The chapter governing traffic offenses sets the procedures that generally govern peace officers making arrests without a warrant for misdemeanor violations of the title, according to Idaho Code § 49-1413.
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This page provides legal information about Idaho traffic procedures, not legal advice. CiteLaw is not a law firm and does not represent you. For advice about your specific situation, consult a licensed attorney.
