TITLE 49

MOTOR VEHICLES

CHAPTER 2

GENERAL

49-240.  Certain circumstances for forfeiture of bond for traffic offenses. (1) Whenever a person has received a written uniform misdemeanor traffic citation, summons or complaint containing a notice to appear before a magistrate, and if the attorney prosecuting the case and the defendant concur that it is in the best interest of justice that the defendant may post and forfeit an amount of the bond agreed upon by the parties, the court shall dismiss the charge. When bond is forfeited under the provisions of this subsection, no violation points, as prescribed in section 49-326, Idaho Code, shall accrue. A forfeiture of bond under the provisions of this subsection shall not be recorded as a conviction, but the proceeds of the bond shall be distributed as court costs and fines as though there were a conviction.

(2)  The provisions of subsection (1) of this section shall not be available when citations, summons or complaints are written for a violation of the provisions of section 18-8001, 18-8004, 18-8006 or 49-1401, Idaho Code.

(3)  Whenever a person who, while operating a commercial motor vehicle or whenever a holder of a class A, B or C license, has received a written uniform traffic citation, summons or complaint containing a notice to appear before a magistrate for an offense arising out of the operation of a motor vehicle, any bond forfeiture shall be treated as though it were a conviction.

History:

[49-240, added 1988, ch. 265, sec. 32, p. 588; am. 1992, ch. 161, sec. 1, p. 517; am. 1996, ch. 371, sec. 4, p. 1253; am. 2006, ch. 164, sec. 3, p. 492; am. 2010, ch. 49, sec. 2, p. 91.]