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Idaho Infraction Rule 10. Failure to Pay Infraction - Suspension of Driver's License - Notice of Nonpayment - Late Payment - Receipt and Notice of Payment - Other Sanctions.

(a)  Suspension of License. If a defendant fails to pay a traffic infraction, (1) within the time allowed by a Notice of Default Judgment under Rule 8(d), or (2) within the time allowed by Deferred Payment Agreement under Rule 9(f), or (3) within such further time as allowed by order of the court; then, unless the court makes a finding under Rule 11 that the defendant has shown that the defendant has complete and continuing financial inability to pay, the court shall sign a notice of nonpayment and send it to the Department of Transportation for suspension of defendant's driver's license as provided by law. 

 

(b)  Form of Notice of Nonpayment. A notice of nonpayment to be sent to the Department of Transportation shall be in substantially the following form: 

Click here for form.

 

(c)  Late Payment. Late payment of an infraction shall be accepted by the court or clerk of the court at any time. 

 

(d)  Form of Receipt and Notice of Payment. If a defendant pays an infraction after a notice of nonpayment has been sent to the Department of Transportation under this rule, the court or the clerk shall issue a receipt and notice of payment which shall not be mailed to the Department of Transportation but shall be delivered or mailed to the defendant for use in applying to the Department of Transportation for reinstatement of defendant's license. The receipt and notice of payment shall be in substantially the following form: 

Click here for form.

 

(e)  Other Sanctions. Nothing in this rule shall limit the inherent powers of the court to enforce its judgments and orders by execution or by other means and sanctions authorized by law. 

 

(f)  Signature of clerk. Notwithstanding any other provision in this rule, the court may authorize the clerk of the court to sign and send to the Department of Transportation a Notice of Non-Payment of Infraction in the form provided in subsection (b) of this rule. 

   

(Adopted March 23, 1983, effective July 1, 1983; amended March 30, 1984, effective July 1, 1984; amended March 27, 1989, effective July 1, 1989; amended February 10, 1993, effective July 1, 1993; amended March 21, 2007, effective July 1, 2007.)

 

As the Third Branch of Government, we provide access to justice through the timely, fair, and impartial resolution of cases.

 

Members of the
Idaho Supreme Court



Members of the
Idaho Court of Appeals

 

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