Idaho Code
Idaho Code

Idaho Code § 49-1232 (2026)

Certificate or proof of liability insurance to be carried in motor vehicle. 

✓ current as of May 2026
Find cases: SyfertCases citing this section IClegislature.idaho.gov Justiaon Justia CornellLII Search CasesGoogle Scholar

Certificate or proof of liability insurance to be carried in motor vehicle. 

(1) A certificate or proof of liability insurance shall be in the possession of the operator of every motor vehicle or present in every motor vehicle at all times when the vehicle is operated within this state. The certificate or proof of liability insurance shall be provided for inspection to any peace officer upon request to the operator of any motor vehicle. No person shall be convicted of violating this section if that person produces at any time prior to conviction the certificate or proof of liability insurance covering the motor vehicle that person is accused of operating in violation of this section, where the certificate or proof of liability insurance demonstrates the existence of liability insurance described in section 49-1212, Idaho Code, which was in effect at the time of occurrence of the violation. The certificate or proof of liability insurance required by this section may be produced in either paper or electronic format. Acceptable electronic formats include display of electronic images on a cellular phone or any other type of portable electronic device.

(2)  If the court has not ordered the department to suspend the driving privileges of any person convicted of a violation of the provisions of this section, the department may rescind the suspension action, only if the driver can prove by sufficient evidence that the legally required motor vehicle insurance or other required evidence of financial responsibility was in force and effect at the time of the issuance of the citation. No reinstatement fee will be assessed for rescinding the suspension action under this section.
(3)  It is an infraction punishable by a fine of seventy-five dollars ($75.00) for any person to violate the provisions of this section for the first time. A second and any subsequent conviction for a violation of the provisions of this section or the provisions of section 49-1229 or 49-1428, Idaho Code, within five (5) years shall be a misdemeanor, punishable by a fine not exceeding one thousand dollars ($1,000), or by imprisonment in the county jail not exceeding six (6) months, or both. The department shall notify any person convicted of a violation of this section of the penalties which may be imposed for a second and any subsequent conviction.
Notes of Decisions
Cited in 22 cases (3 in the last 5 years), 1989–2023 · leading case: State v. Hardman, 818 P.2d 782 (Idaho Ct. App. 1991).
Sort: Relevance Newest Treatment
State v. Hardman, 818 P.2d 782 (Idaho Ct. App. 1991). · cites it 8× “Hard-man was ultimately persuaded to produce the requested information. Later, he was charged with obstructing an officer in violation of I.”
State v. Parkinson, 17 P.3d 301 (Idaho Ct. App. 2000). · cites it 2× “However, before McClelland began to write out a citation for no proof of insurance, a violation of I.C. § 49-1232, Parkinson gave McClelland a document purporting to show proof of insurance — an SR22 insurance form issued on December 2, 1998 with no expiration date.”
State v. George, 905 P.2d 626 (Idaho 1995). · cites it 4× “§ 49-807(2), and for failure to provide proof of insurance under I.C. § 49-1232. On April 11, 1993, an Idaho State Police officer stopped George for traveling 66 m.”
Susan Hallstrom Robert Hallstrom v. City of Garden City Randy W. Snapp Sgt. Thurston Vaughn Killeen, Sheriff Mike Roberts, 991 F.2d 1473 (9th Cir. 1993). “Idaho Code § 49-1232 (formerly § 49-245) (1988 & Supp.”
State v. McKie, 417 P.3d 1001 (Idaho Ct. App. 2018). · cites it 2× “The State charged McKie with driving under the influence of alcohol, Idaho Code § 18-8004 , with an excessive blood alcohol content; fictitious display of plate or registration card, I.”
State v. Callaghan, 153 P.3d 1202 (Idaho Ct. App. 2006). · cites it 2× “Section 49-1231 requires that insurance companies issue certificates of liability insurance to their insureds in a form prescribed by the Department of Insurance, and section 49-1232(1) requires that the certificate or proof of liability insurance be in the possession of every…”
State v. Simmons, 771 P.2d 541 (Idaho Ct. App. 1989). “…I.C. § 49-319 (redesignated as § 49-316), and provide proof of liability insurance, I.C. § 49-245 (redesignated as § 49-1232).”
State v. Longstreet, 938 P.2d 1240 (Idaho 1997). · cites it 2× “§ 18-8001 (defining the charge of driving without privileges) with I.C. § 49-1232 (defining the infraction of failure to carry proof of insurance).”
State v. Bissett, 776 P.2d 1196 (Idaho Ct. App. 1989). · cites it 2× “§ 49-456) and 49-245 (presently codified as I.C. § 49-1232). He was convicted of these offenses, and fines were imposed.”
State v. Carswell (Idaho Ct. App. 2023). · cites it 6× “Thus, we review the magistrate court’s findings and conclusions, 1 Idaho Code § 49-1232 (1) permits the alleged offender to provide proof of insurance prior to conviction.”
State v. McDay (Idaho 2018). · cites it 2× “Four years later, on March 25, 2009, McDay was arrested for: (1) driving without privileges in violation of Idaho Code section 18-8001; (2) failure to provide proof of insurance in violation of Idaho Code section 49-1232; and (3) possession of drug paraphernalia in violation of…”
State v. Britton (Idaho Ct. App. 2020). · cites it 2× “§ 37-2734A(1); and failure to provide proof of insurance, I.C. § 49-1232. Britton moved to suppress the evidence discovered in his vehicle along with certain statements he made to officers, arguing that the officer unlawfully extended the traffic stop to conduct a drug…”
Show all 22 citing cases →
— Idaho Code § 49-1232(1) — 2 cases
State v. Callaghan, 153 P.3d 1202 (Idaho Ct. App. 2006). “Section 49-1231 requires that insurance companies issue certificates of liability insurance to their insureds in a form prescribed by the Department of Insurance, and section 49-1232(1) requires that the certificate or proof of liability insurance be in the possession of every…”
State v. Hale, II (Idaho Ct. App. 2020).
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.