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Idaho
Motion to Dismiss Traffic Citation

Idaho Motion to Dismiss Traffic Citation

Category:

Criminal - Motions

State:

Multi-State

Control #:

US-03341BG

Format:

Instant download

Description

It is important to understand exactly what the prosecutor will have to prove should you take the ticket to trial. You can start by looking up the citation statute or ordinance number located on the face of your ticket. Every traffic infraction can be broken down into what lawyers call elements: things that must all be proven in order for a judge to find you guilty. Two elements are:

" Where you were ticketed; and
" Your unlawful action, such as going 50 MPH in a 30 MPH zone.

The prosecution will have to prove each element of the infraction.

This form is a generic example that may be referred to when preparing such a form for your particular state. It is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction.

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FAQ

The good news is that after three years, the points associated with any driving convictions fall off your record. To find out how many points you've got on your license currently, you can start with the ITD driver's license status check. You may need to order a driver's license record request for more info.

The court will only dismiss an Idaho traffic infraction upon entry of a not-guilty verdict or per Rules 60(a) and (b), Idaho Rules of Civil Procedure (IRCP). Otherwise, these tickets cannot be dismissed.

The good news is that after three years, the points associated with any driving convictions fall off your record. To find out how many points you've got on your license currently, you can start with the ITD driver's license status check. You may need to order a driver's license record request for more info.

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.

If the defendant fails to pay a penalty after notice has been sent, the Idaho Transportation Department (ITD) suspends the defendant's driver's license. If the defendant resides out of state, ITD can request that the defendant's resident state suspend the defendant's driver's license.

We do not offer deferred prosecution or pleas in abeyance on infraction citations. We do not dismiss citations or expunge infractions from your driving record for taking a driving course.

Our traffic school course is fully approved by the Idaho DMV and meets all the requirements to help you remove up to 3 points from your driving record. The course is 6 hours long and spans 8 easy-to-understand chapters that cover traffic-related topics such as: Basic Vehicle Operation.

Go to the iCourt Portal at: and click on ?Make Payments?. There are several options for looking up a case to make a payment on: Select how you want to look up your case: Citation Number ? Enter the entire citation number.

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