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Idaho Infraction Rule 5. Uniform Citation - Issuance - Service - Form - Number - Distribution.

(a)  Peace Officer Citation. A peace officer may issue a uniform citation for a citable offense in which the officer shall certify that the officer has reasonable grounds to believe, and does believe, that the person cited committed the offense contrary to law. The citation shall require the defendant to appear in court on the citation at a time certain which shall be not less than five (5) nor more than twenty-one (21) days after the date of the citation. 

 

(b)  Citizen Citation. The uniform citation may be signed by any person in whose presence an alleged offense occurred and be witnessed by a peace officer whose name shall be endorsed on the citation. 

 

(c)  Service of Citation. Service of a citation may be made by the defendant signing a written promise to appear on the citation at the time indicated, but if the defendant fails or refuses to sign the written promise to appear, or an electronic citation is issued, the peace officer may serve the citation on the defendant by personal delivery to the defendant and indicate such service on the face of the citation. 

 

(d)  Form. With the exception of electronically issued citations, all citations in the courts of Idaho shall be processed on the Idaho Uniform Citation which shall be of the size of 51/2 inches wide by 81/2 inches long with at least three (3) copies which shall be in the form set forth in Rule 5 of the Misdemeanor Criminal Rules. 

 

(e)  Color and Distribution. With the exception of electronically issued citations, the first copy of the citation shall be white and deposited with and retained by the court; the second copy shall have pink borders at the top and bottom and be delivered to the defendant; the third copy shall have yellow borders at the top and bottom and be delivered by the police officer initially to the court and thereafter forwarded by the court to the appropriate department upon disposition of the citation. Additional copies of the citation may be prepared with additional information required by the issuing governmental department, agency or unit for its internal use. 

 

(f)  Electronic Citations.  Citations may be electronically issued in accord with Rule 5 of the Misdemeanor Criminal Rules. 

 

(g)  Service of Citations for Parking Violation.  Where statutes provide for the issuance of a uniform citation to a vehicle's owner or lessee for a parking violation, the uniform citation may be served upon the registered owner or lessee by securing the uniform citation to the vehicle.

   

(Adopted March 23, 1983, effective July 1, 1983; amended March 21, 2007,effective July 1, 2007, amended April 2, 2010, amended April 24, 2013, effective July 1, 2013.)

 

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

 

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Idaho Supreme Court



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Idaho Court of Appeals

 

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