Idaho Code
Idaho Code

Idaho Code § 49-1502 (2026)

Procedure for processing infraction citations. 

✓ current as of May 2026
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Procedure for processing infraction citations. 

(1) The procedure for processing an infraction citation and the trial thereon, if any, shall be the same as provided for the processing of a misdemeanor citation under rules promulgated by the supreme court, except there shall be no right to a trial by jury. An infraction is a civil public offense, but in order to insure the maximum protection of the laws to the citizens charged with having committed an infraction, the burden of proof and the rules of evidence applied to an infraction proceeding shall be those provided in a criminal trial.

(2)  In the event the defendant of an infraction citation admits the offense, pays the penalty prescribed in the rules of the supreme court pursuant to section 49-1503(2), Idaho Code, or is found to have committed the infraction after trial before the court, a judgment shall be entered and reported to the department within ten (10) days of entry of the judgment.
Notes of Decisions
Cited in 10 cases (2 in the last 5 years), 1966–2021 · leading case: State v. McCormack, 793 P.2d 682 (Idaho 1990).
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State v. McCormack, 793 P.2d 682 (Idaho 1990). · cites it 4× “Section 49-1502 and section 49-1505 of that act contain provisions identical in substance to § 18-8002, insofar as embodying the suspension of a driver's license is concerned, as may be readily noted: 49-1502.”
Zamora v. State, 846 P.2d 194 (Idaho 1993). · cites it 8× “I.C. § 49-1502. Idaho Code § 16-1803 limits juvenile jurisdiction to acts which would be a crime if committed by an adult.”
State v. Estes, 223 P.3d 287 (Idaho Ct. App. 2009). · cites it 2× “Idaho Code §§ 49-1502 ; Idaho Infraction Rules 1 and 7.”
Adams v. City of Pocatello, 416 P.2d 46 (Idaho 1966). · cites it 4× “Idaho Code § 49-1502 provides that any person aggrieved by an order or act of the commissioner may, within ten days after notice thereof, file a petition in the district court for Ada county for a review thereof.”
State v. Stephen D. L'Abbe, 324 P.3d 1016 (Idaho Ct. App. 2014). · cites it 2× “§ 49-1502(1) (“The procedure for processing an infraction citation and the trial thereon, if any, shall be the same as provided for the processing of a misdemean- or citation under rules promulgated by the supreme court, except there shall be no right to a trial by jury.”
State v. Stephen D. L'Abbe (Idaho Ct. App. 2016). · cites it 2× “I.C. § 49-1502(1). Although the ultimate issues on appeal pertain to jurisdiction and L’Abbe’s perceived right to a jury trial, L’Abbe asserts a number of nonjurisdictional arguments originally asserted and rejected below.”
State v. Sandberg (Idaho Ct. App. 2021). · cites it 2× “Id.; see also Idaho Infraction Rule 7(a) (“The burden of proof and the rules of evidence in a trial of an infraction citation or complaint shall be those provided for a trial of a criminal action.”
State v. Sandberg (Idaho Ct. App. 2021). · cites it 2× “The courts, however, treat an infraction like a criminal offense for purposes of trial, and the State must prove the elements of an infraction beyond a reasonable doubt. Id.; see also Idaho Infraction Rule 7(a) (“The burden of proof and the rules of evidence in a trial of an…”
State v. Haight (Idaho Ct. App. 2013). · cites it 2× “I.C. § 49-1502; Idaho Infraction Rules 1 and 7.”
State v. Stephen D. L'Abbe (Idaho Ct. App. 2014). · cites it 2× “I.C. § 49-1502(1) (“The procedure for processing an infraction citation and the trial thereon, if any, shall be the same as provided for the processing of a misdemeanor citation under rules promulgated by the supreme court, except there shall be no right to a trial by jury.”
— Idaho Code § 49-1502(1) — 5 cases
State v. Stephen D. L'Abbe, 324 P.3d 1016 (Idaho Ct. App. 2014). “§ 49-1502(1) (“The procedure for processing an infraction citation and the trial thereon, if any, shall be the same as provided for the processing of a misdemean- or citation under rules promulgated by the supreme court, except there shall be no right to a trial by jury.”
State v. Stephen D. L'Abbe (Idaho Ct. App. 2016). “I.C. § 49-1502(1). Although the ultimate issues on appeal pertain to jurisdiction and L’Abbe’s perceived right to a jury trial, L’Abbe asserts a number of nonjurisdictional arguments originally asserted and rejected below.”
State v. Sandberg (Idaho Ct. App. 2021). “Id.; see also Idaho Infraction Rule 7(a) (“The burden of proof and the rules of evidence in a trial of an infraction citation or complaint shall be those provided for a trial of a criminal action.”
State v. Sandberg (Idaho Ct. App. 2021). “The courts, however, treat an infraction like a criminal offense for purposes of trial, and the State must prove the elements of an infraction beyond a reasonable doubt. Id.; see also Idaho Infraction Rule 7(a) (“The burden of proof and the rules of evidence in a trial of an…”
State v. Stephen D. L'Abbe (Idaho Ct. App. 2014). “I.C. § 49-1502(1) (“The procedure for processing an infraction citation and the trial thereon, if any, shall be the same as provided for the processing of a misdemeanor citation under rules promulgated by the supreme court, except there shall be no right to a trial by jury.”
— Idaho Code § 49-1502(b) — 1 case
Adams v. City of Pocatello, 416 P.2d 46 (Idaho 1966). “Idaho Code § 49-1502 provides that any person aggrieved by an order or act of the commissioner may, within ten days after notice thereof, file a petition in the district court for Ada county for a review thereof.”
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