Idaho Code
Idaho Code § 49-236 (2026)
Penalties.
✓ current as of May 2026
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Penalties.
(1) It is a misdemeanor for any person to violate any of the provisions of this title except the provisions of chapter 3, other than sections 49-301, 49-316, 49-331 and 49-332, Idaho Code, chapter 4 and chapters 6 through 9 of this title, unless otherwise specifically provided.
(2) It is an infraction for any person to violate any of the provisions of chapters 3, 4 and 6 through 9 of this title unless otherwise specifically provided.
(3) Any offense punishable by imprisonment in the state penitentiary is a felony.
(4) Punishments shall be as provided in sections 18-111, 18-112, 18-113 and 18-113A, Idaho Code, unless otherwise specifically provided.
(5) Whenever a person is arrested for any violation of the provisions of this title declared to be a felony, he shall be dealt with in like manner as upon arrest for the commission of any other felony.
Notes of Decisions
Cited in 8
cases, 1984–2020 · leading case: State v. Brumfield, 42 P.3d 706 (Idaho Ct. App. 2001).
State v. Brumfield, 42 P.3d 706 (Idaho Ct. App. 2001). “Idaho Code § 49-236 (2) states that "It is an infraction for any person to violate any of the provisions of [Chapter 4] of [Title 49] unless otherwise specifically provided.”
State v. Mireles, 991 P.2d 878 (Idaho Ct. App. 1999). “§ 49-659, which is an infraction pursuant to I.C. § 49-236(3). Idaho Code § 49-662 authorizes an officer who finds a vehicle in violation of § 49-659 to "move the vehicle or require the driver of other person in charge of the vehicle to move it to a position off the roadway.”
State v. Reed, 686 P.2d 842 (Idaho Ct. App. 1984). “Idaho Code § 49-245 is an integral companion to I.C. § 49-236 which provides in pertinent part as follows: It shall be unlawful for any person to operate a motor vehicle upon highways, streets or roadways of this state without a valid policy of liability insurance .”
State v. Foldesi, 963 P.2d 1215 (Idaho Ct. App. 1998). “I.C. §§ 49-236, -301, -331(8). As a general proposition, a police officer may, without a warrant, make an arrest for a misdemeanor committed in the officer’s presence.”
State v. Devan, 482 P.3d 577 (Idaho Ct. App. 2020). “See I.C. § 49-236(2). 4 well as a relevant dictionary definition of “shoulder,” I.”
State v. Brown, 85 P.3d 683 (Idaho Ct. App. 2004). “This general arrest authority is modified, however, with respect to misdemeanor violations of Title 49 of the Idaho Code, which regulates motor vehicles and their operation.”
Hallstrom v. City of Garden City, Id., 811 F. Supp. 1443 (D. Idaho 1991). “Hallstrom was committing misdemeanors in Officer Snapp’s presence in violation of Idaho Code § 49-236 . In support of the Garden City Defendants’ motion for summary judgment, Officer Snapp states: [That he] asked Sue Hallstrom for her driver’s license, registration and proof of…”
State v. George William Tischer (Idaho Ct. App. 2015). “On appeal, Tischer argues that there is not substantial and competent evidence to support the magistrate’s findings and that the magistrate erred by failing to properly consider all the testimony at trial. Tischer does not argue on appeal that the district court erred in…”
— Idaho Code § 49-236(2) — 1 case
State v. Devan, 482 P.3d 577 (Idaho Ct. App. 2020). “See I.C. § 49-236(2). 4 well as a relevant dictionary definition of “shoulder,” I.”
— Idaho Code § 49-236(3) — 1 case
State v. Mireles, 991 P.2d 878 (Idaho Ct. App. 1999). “§ 49-659, which is an infraction pursuant to I.C. § 49-236(3). Idaho Code § 49-662 authorizes an officer who finds a vehicle in violation of § 49-659 to "move the vehicle or require the driver of other person in charge of the vehicle to move it to a position off the roadway.”
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