Rule 1. Application and designation of rules.
These rules shall govern the procedure in the magistrates division of the
district courts of the state of Idaho in all infraction proceedings which
are triable by the magistrates division whether brought before the court by
an Idaho Uniform Citation or a complaint. The administrative collection of
parking violation penalties by local municipalities under local ordinance
shall not be governed by these rules, but an infraction citation or
complaint for a parking violation or failure to pay a parking penalty shall
be governed by these rules. The Misdemeanor Criminal Rules shall apply to
the processing of infraction citations and complaints to the extent they
are not in conflict with these specific rules. These rules shall be
denominated the Idaho Infraction Rules, (I.I.R.).
(Adopted March 23, 1983, effective July 1, 1983; amended June 15, 1987,
effective November 1, 1987.)
from:
IDAHO INFRACTION RULES (I.I.R.)
and also from the infraction rules, rule 7
Rule 7. Trial procedures - Venue - Arrest or bail prohibited - Court trials
- Findings and judgment.
(a) Evidence and Burden of Proof. The burden of proof and the rules of
evidence in a trial of an infraction citation or complaint shall be those
provided for a trial of a criminal action.
(b) Venue. All appearances by the defendant and the trial of an
infraction, if any, shall be in the county where the alleged offense
occurred. No infraction charge shall be transferred to the court of another
county, except in cases where the infraction is committed in a city that
is located in two counties the venue may be transferred in accord with
I.C. 19-305.
(c) Arrest or Bail Prohibited. An infraction violation has been declared
by statute to be a civil public offense, not constituting a crime, so that
a defendant charged with an infraction violation shall never be arrested
for the infraction and shall never be required to post bail on such charge.
Bail is prohibited and cannot be posted and forfeited for an infraction.
(d) Trial by Court. There is no right to a trial by jury of a citation or
complaint for an infraction and such trials shall be held before the court
without a jury.
(e) Findings and Judgment. If the court does not find, beyond a reasonable
doubt, that the defendant committed the infraction offense, it shall enter
judgment for the defendant. If the court finds, beyond a reasonable doubt,
that the defendant committed the infraction offense, it shall enter
judgment against the defendant as provided in Rule 9. No written findings
of fact by the court shall be required.
and from the misdemeanor rules
IDAHO MISDEMEANOR CRIMINAL RULES
Rule 3. Citable offenses - Methods of initiating prosecution - Trial -
Consolidation.
(a) Charging a citable offense. A person may be charged and brought before
a court for any citable offense upon the filing of an Idaho Uniform Citation
as provided by these rules.
(b) Use of citation. The complaint in a uniform citation may be used as the
complaint to prosecute a misdemeanor, whether or not there is an arrest with-
out a warrant, an arrest pursuant to a warrant issued on a uniform citation,
or a complaint and summons to appear by a uniform citation.
(c) Determination of probable cause. In the event a defendant is arrested
without a warrant, or appears pursuant to a summons, or in the event
application is made for the issuance of a warrant pursuant to a uniform
citation or sworn complaint, the determination of whether there is probable
cause that an offense has been committed and probable cause that the
defendant committed it shall be made at the time and in the manner
prescribed by Rules 4 and 5 of the Idaho Criminal Rules.
(d) Trial of uniform citation, demand for sworn complaint,
amendments. In the event of a plea of not guilty to a uniform citation,
a trial may be held on the complaint contained in the citation without
making a sworn complaint, unless a sworn complaint is demanded by any
party within 28 days after the entry of a plea of not guilty or 7 days
before trial, which ever is earlier. The court may amend or permit to
be amended any process or pleading at any time before the prosecution
rests including the alleging of a lesser included offense, but no
greater or different offense may be charged if substantial rights
of the defendant are prejudiced. If an amendment of a citation
complaint is made, the court may, in its discretion, grant a
continuance of the trial for good cause.
(e) Offenses charged in each citation, consolidation of trials. Only one
person may be charged by a complaint of a single citation, but more than one
misdemeanor may be charged in one citation. A misdemeanor may not be
charged with an infraction in a citation. Provided, if the offenses
charged by separate citation complaints or other complaints are of the
same or similar character or are based on the same act or transaction
or connected series of transactions, or are based on two or more acts
or transactions connected together or constituting part of a common scheme
or plan, the separate complaints may be consolidated by the court upon
motion of any party or upon the court's own initiative.
(Adopted December 27, 1979, effective July 1, 1980; amended March 20, 1991,
effective July 1, 1991; amended March 18, 1998, effective July 1, 1998; amended
April 4, 2008, effective July 1, 2008)
So it appears as if one can plead not guilty and then ask for a sworn complaint to replace the uniform citation.
So in ID traffic tickets are held to a higher standard than a regular civil case and utilizes criminal rules as well as special infraction rules.
The OP could plead not guilty and then ask for a sworn complaint to replace the uniform citation. And failure to do so may result in a dismissal.
This is just one avenue of defense strategy. So if the OP wishes to push the point of the wrong class on the license being significant then a sworn statement showing an incorrect class would be better than a wrong class being on a uniform citation (in which such errors are meaningless).
In addition, it's entirely possible that a sworn statement will not be issued to replace the citation. A DA would likely have to prepare such a statement or at least spend some time reviewing it prior to the officer signing. And DAs have better things to do - even those working traffic court.
