Idaho Infra. R. 9

As amended through June 4, 2024

Rule 9 - [Effective until 7/1/2024] Judgment - Fixed penalty plus court costs for infractions - Withheld judgment suspended penalties prohibited - Deferred payment agreements

(a) Entry of Judgment. Upon, (1) the entry of an admission to an infraction citation or complaint in person or by mail under Rule 6(a) or, (2) the payment of the total amount, which includes fixed penalty and court costs, by the defendant, or, (3) a finding by the court upon trial that th the infraction offense, or, (4) a failure of the defendant to appear in court or before the clerk as provided in Rule 8, the court shall enter judgment against the defendant for the infraction which shall order the defendant to pay the fixed penalty and court costs provided in this rule.

(b) Fixed Penalty and Costs for Infraction. The entry of a judgment for an infraction under this rule shall order the defendant to pay a dollar amount for a fixed penalty and court costs in the following amounts:

Click herefor Infraction Penalty Schedule

(c) Consolidation of Multiple Offenses in Assessing Court Costs. The court may consolidate multiple non-moving or parking infractions into one offense for the purpose of assessing court costs under I.C 31-3201A(c), together with the fixed penalty portion of the penalty for each infraction.

(d) Withheld Judgments or Suspended Penalties Prohibited. No court shall have the power to withhold judgment nor to suspend any part of a judgment for a fixed penalty and costs prescribed under this rule.

(e) After the entry of a judgment for an infraction, the court, or the clerk within the guidelines set by the court, may enter into an agreement with the defendant for the deferred payment of the fixed penalty plus court costs. Such agreement shall be signed by the defendant and the court, or the clerk on behalf of the court, Subsequent extensions of time to pay a fixed penalty plus court costs may be granted by the execution of a new agreement by the defendant and the court or the clerk.

(f) Form of Agreement. A deferred payment agreement under this rule shall be substantial the following form:

Click here to view image

JUDGMENT HAVING BEEN ENTERED for the charge against the above named defendant and for the or fine and court costs of $_______and the defendant having shown good cause for a defer

IT IS HEREBY AGREED that the defendant is granted a Deferred Payment Agreement as follows: _

You are further advised that an additional statutory $2.00 handling fee will be assessed payment.

[ ] THIS CHARGE IS AN INFRACTION-YOU ARE HEREBY NOTIFIED THAT IF YOU DO NOT PAY THE TOTAL WITHIN THE TIME AGREED, IN PERSON OR BY MAIL TO THE COURT, YOUR DRIVER'S LICENSE WILL BE

THE IDAHO DEPARTMENT OF TRANSPORTATION OR BY YOUR HOME STATE PURSUANT TO THE INTERSTATE N VIOLATOR COMPACT IF THIS IS A TRAFFIC INFRACTION. IF YOU DO NOT MAKE THE PAYMENT WHEN AGREED YOU HAVE

THE RIGHT TO APPEAR BEFORE THE COURT ON THE _ DAY OF _ 2 0_ AT _ O'CLOCK___. M. TO SHOW CAUSE

WHY YOUR LICENSE SHOULD NOT BE SUSPENDED FOR FAILURE TO PAY THE TOTAL AMOUNT DUE.

[ ] THIS IS A MISDEMEANOR CHARGE--YOU ARE HEREBY NOTIFIED that if you do not pay the fine agreed a warrant may issue for your arrest without further notice.

Dated __________________________________

_______________________________________

Clerk or Judge

RECEIPT

I acknowledge receipt of this Agreement and state that I have read and agree to the terms Agreement and acknowledge that I REALIZE THAT MY DRIVER'S LICENSE WILL BE SUSPENDED OR A ISSUE FOR MY ARREST IF I FAIL TO MAKE THE PAYMENTS AS AGREED.

_______________________________________

Defendant

(g) Discharge of Judgment. If, after entry of a judgment for the payment of a penalty, c or payment of money to any person or entity, the court determines that the unpaid portion judgment is not reasonably collectible for any reason, the court may enter an order discharging the judgment and close the file. A discharge of a judgment on a citation may be entered by en word "discharged" on the face of the citation together with the date and the signature of Such discharge may be signed and entered by the clerk at the direction of the court. The discharge of judgment shall not affect the judgment other than to satisfy the duty to pay of the penalty, court costs and the payment of money to any person or entity; provided, s does not satisfy the duty of the defendant to pay victim's restitution ordered pursuant t of Title 19, Idaho Code, nor prevent the victim from enforcing the order by execution pursuant to section 19-5305, Idaho Code.

Id. Infra. R. 9

Amended effective 7/1/1995; 7/1/1996; 7/1/1997; 1/1/1999; amended June 7, 2000, effective 7/1/2000; amended June 21, 2000, effective 7/1/2000; amended January 30, 2001, effective 1/30/2001; modified April 13, 2001, effective 7/1/2001; amended March 5, 2002, effective 7/1/2002; amended April 19, 2002, effective 7/1/2002; amended June 16, 2003, effective 7/1/2003; amended July 29, 2003, effective immediately; amended April 22, 2004, effective 7/1/2004; amended April 5, 2005, effective 7/1/2005; amended March 21, 2007, effective 7/1/2007; amended, effective 2/1/2009; amended April 2, 2010, effective 4/15/2010; amended April 27, 2011, effective 7/1/2011; amended April 27, 2012; effective 7/1/2012; amended July 13, 2016, effective nunc pro tunc 7/1/2016; amended August 15, 2016, effective 8/15/2016; amended April 25, 2018, effective 7/1/2018; amended July 23, 2018, effective 7/23/2018; amended April 13, 2020, effective 7/1/2020; amended June 28, 2021, effective 7/1/2021; amended May 9, 2022, effective 7/1/2022; amended November 27, 2023, effective 11/27/2023.