Idaho Code

Idaho Code § 49-330 (2026)

Right of appeal to court. 

✓ current as of May 2026
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Right of appeal to court. 

Any person denied a driver’s license by the department or whose driver’s license has been cancelled, suspended, disqualified, revoked, or restricted by the department shall have the right to file a petition for judicial review pursuant to chapter 52, title 67, Idaho Code.

Notes of Decisions
Cited in 13 cases, 1969–2016 · leading case: State v. Bennion, 730 P.2d 952 (Idaho 1986).
State v. Bennion, 730 P.2d 952 (Idaho 1986). · cites it 4× “Section 49-330 Page 16, line 45, change statutory reference to § 18-6902.”
Platz v. State, Transp. Dep't, 303 P.3d 647 (Idaho Ct. App. 2013). · cites it 8× “I.C. § 49-330. Here, Platz’s counsel asked the CDL hearing officer if he had reviewed the packet of documents he had submitted.”
Wanner v. State, Dep't of Transp., 244 P.3d 1250 (Idaho 2011). · cites it 4× “I.C. § 49-330. Pursuant to the IDAPA, Wanner is not entitled to judicial review unless he has exhausted all administrative options available to him.”
Burton v. State, Dep't of Idaho, 240 P.3d 933 (Idaho Ct. App. 2010). · cites it 4× “§ 49-808(1) is void for vagueness as applied to her in this instance because it does not give fair notice that a turn signal is required when two lanes *935 merge and does not establish minimal guidelines for uniformity in enforcement. II. DISCUSSION The Idaho Administrative…”
State v. Bedard, 820 P.2d 1226 (Idaho 1991). · cites it 4× “Bedard contends that because his license was originally suspended for a violation of former I.C. § 49-330, not for a violation of I.C.”
Griffith v. Schmidt, 715 P.2d 905 (Idaho 1986). · cites it 4× “In addition, no jail sentence shall be imposed on such a conviction, nor shall a conviction result in violation point counts as prescribed in section 49-330, Idaho Code. A conviction under this paragraph shall not be deemed to be a moving traffic violation for the purpose of…”
State v. Quenzer, 735 P.2d 1067 (Idaho Ct. App. 1987). · cites it 4× “See I.C. § 49-330, requiring immediate notification to the licensee in writing and providing an opportunity for hearing.”
Feasel v. Idaho Transp. Dep't, 222 P.3d 480 (Idaho Ct. App. 2009). · cites it 2× “The ITD appeals seeking reversal of the district court’s decision. II. DISCUSSION The Idaho Administrative Procedures Act (I.”
Peck v. Idaho Transp. Dep't, 320 P.3d 1271 (Idaho Ct. App. 2014). · cites it 2× “I.C. § 49-330; Platz, 154 Idaho at 970 , 303 P.”
Valente v. Mills, 458 P.2d 84 (Idaho 1969). · cites it 24× “judgment ruling that portion of I.C. § 49-330 (b), which provides that forfeiture of bail is equivalent to a conviction, unconstitutional.”
Steven M. Wanner v. Idaho Dept of Transp. (Idaho 2011). · cites it 4× “Idaho Code § 49-326 (4). The motor vehicle code provides the motorist with the right of judicial review from an adverse decision by the administrative hearing officer.”
Susan J. Warner v. Idaho Transp. Dept, 378 P.3d 1031 (Idaho 2016). · cites it 2× “I.C. §§ 49-330, 67-5270. In an appeal from a district court where the court was acting in its appellate capacity under .”
— Idaho Code § 49-330(2) — 1 case
Valente v. Mills, 458 P.2d 84 (Idaho 1969). “judgment ruling that portion of I.C. § 49-330 (b), which provides that forfeiture of bail is equivalent to a conviction, unconstitutional.”
— Idaho Code § 49-330(a) — 2 cases
State v. Quenzer, 735 P.2d 1067 (Idaho Ct. App. 1987). “See I.C. § 49-330, requiring immediate notification to the licensee in writing and providing an opportunity for hearing.”
Valente v. Mills, 458 P.2d 84 (Idaho 1969). “judgment ruling that portion of I.C. § 49-330 (b), which provides that forfeiture of bail is equivalent to a conviction, unconstitutional.”
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