Rule 9. Judgment - Fixed penalty plus court costs for infractions - Withheld judgment and 
suspended penalties prohibited - Deferred payment agreements.

  (a) Entry of Judgment. Upon, (1) the entry of an admission to an infraction citation or complaint in 
person or by mail under Rule 6(a) or, (2) the payment of the total amount, which includes fixed penalty 
and court costs, by the defendant, or, (3) a finding by the court upon trial that the defendant committed 
the infraction offense, or, (4) a failure of the defendant to appear in court or before the clerk as 
provided in Rule 8, the court shall enter judgment against the defendant for the infraction which shall 
order the defendant to pay the fixed penalty and court costs provided in this rule.

  (b) Fixed Penalty and Costs for Infraction. The entry of a judgment for an infraction 
under this rule shall order the defendant to pay a dollar amount for a fixed penalty and court 
costs in the following
amounts:


INFRACTION OFFENSE						      TOTAL AMOUNT	
							        (Fixed Penalty Plus Court Costs)
(1)(a)Failure to fasten safety restraint,
       operator/occupant age 18 or older, 
       Section 49-673(3), Idaho Code.  
       (Fixed penalty $10.00, $5.00 of 
       which is to be sent to State’s  
       Catastrophic Health Care Fund).	     	           $10.00 
   (b) Failure to fasten safety restraint,
        operator 18 years or older with 
        occupant(s) under 18 years of age 
        failing to wear safety restraint.
        Section 49-673(3), Idaho Code.
        (Fixed penalty $10.00, $5.00 of 
        which is to be sent to State’s  
        Catastrophic Health Care Fund).                    $10.00
   (c) Failure to fasten safety restraint,
        operator under 18 years of age or
        operator under 18 who has        
        occupant(s) under 18 years of age 
        failing to wear safety restraint-single
        citation only, Section 49-673(4), 
        Idaho Code. (Fixed penalty $10.00, 
        $5.00 of which is to be sent to State’s  
        Catastrophic Health Care Fund, court                                     
        costs $16.50, county justice fund fee
        $5.00, peace officers training fee 
        $10.00, ISTARS technology 
        fund fee $10.00, and emergency 
        surcharge fee $10.00).                             $61.50
(2)  Failure to restrain child in car safety
       seat. Section 49-672, Idaho Code.     
       (Fixed penalty $27.50, court costs 
       $16.50, I.C., § 31-3201A(c), county 
       justice fund fee $5.00 I.C. § 31-3201(3),
       and, peace officers training fee $10.00 
       I.C. § 31-3201B, ISTARS technology
       fund fee $10.00 I.C. § 31-3201(5), and 
       emergency surcharge fee $10.00).	                   $79.00 
(3)  Pedestrian and bicycle infractions. (Fixed
       penalty $5.00, court costs $16.50 county
       justice fund fee $5.00, peace officers
       training fee $10.00, ISTARS technology 
       fund fee $10.00, and emergency surcharge 
       fee $10.00).				                  $56.50 
(4)  Speeding traffic infractions.
	(a) 1 to 15 miles per hour above speed
                    Limit.  (Fixed penalty $33.50, court 
                    costs $16.50, county justice fund 
                    fee $5.00, peace officers training fee 
                    $10.00, ISTARS technology 
                    fund fee $10.00, and emergency  
                    surcharge fee $10.00).		  	       $85.00 
	(b) 16 or more miles per hour above 
                    speed limit. (Fixed penalty $98.50, 
                    court costs $16.50, county justice  
                    fund fee $5.00, peace officers training  
                    fee $10.00, ISTARS technology 
                    fund fee $10.00, and emergency 
                    surcharge fee $10.00).			       $150.00 
 (5)  Other moving traffic infractions. (Fixed
       penalty $33.50, court costs $16.50, county 
       justice fund fee $5.00, peace officers 
       training fee $10.00, ISTARS technology 
       fund fee $10.00, and emergency surcharge 
       fee $10.00).     	 			          $85.00 
 (6)  Speeding in a construction zone.
       I.C. § 49-657 (Fixed penalty $50.00, 
       court costs $16.50, county justice fund 
       fee $5.00, peace officers training fee $10.00, 
       ISTARS technology fund fee $10.00, and 
       emergency surcharge fee $10.00).		              $101.50 
 (7)  Speeding in a school zone. I.C. 
       § 49-658 (Fixed penalty $100.00,
       court costs $16.50, county justice 
       fund fee $5.00, peace officers training 
       fee $10.00, ISTARS technology fund 
       fee $10.00, and emergency surcharge fee $10.00).   $151.50		
(8)  Permitting unauthorized child under
       age 18 to operate vehicle. Section 
       49-333(1), Idaho Code. (Fixed penalty
       $54.50, court costs $16.50, county justice
       fund fee $5.00, peace officers training 
       fee $10.00, ISTARS technology
       fund fee $10.00, and emergency surcharge 
       fee $10.00).			 		         $106.00 
(9) Permitting any unauthorized person to 
       operate vehicle. Section  49-333(2), Idaho 
       Code.  (Fixed penalty $54.50, court costs $16.50, 
       county justice fund fee $5.00, peace officers 
       training fee $10.00, ISTARS technology 
       fund fee $10.00, and emergency surcharge 
       fee $10.00).				             $106.00
 
(10) Renting vehicle to unauthorized driver or failing
       to inspect license. Section 49-334, Idaho Code.
       (Fixed penalty $54.50, court costs $16.50, county 
       justice fund fee $5.00, peace officers training fee 
       $10.00, ISTARS technology fund fee $10.00, 
       and emergency surcharge fee $10.00). 		     $106.00
(11) Expired license. Section 49-319, Idaho Code. 
       (Fixed penalty $44.50, court costs $16.50, county 
       justice fund fee $5.00, peace officers training fee 
       $10.00, ISTARS technology fund fee $10.00, and
   emergency surcharge fee $10.00).	 	                   $96.00
(12) Violating restricted license. Section 49-317, 
       Idaho Code. (Fixed penalty $44.50, court costs 
       $16.50, county justice fund fee $5.00, peace 
       officers training fee $10.00, ISTARS 
       technology fund fee $10.00, and emergency 
       surcharge fee $10.00). 			                   $96.00
(13) Operating vehicle under out of state license 
       while suspended.  Section 49-329, Idaho Code. 
       (Fixed penalty $100.00, court costs $16.50, 
       county justice fund fee $5.00, peace officers 
       training fee $10.00, ISTARS technology fund 
       fee $10.00, and emergency surcharge fee $10.00).	   $151.50
(14) Failure to carry registration in vehicle 
       (dismissed if registration is shown). Section 
       49-427, Idaho Code. (Fixed penalty $10.50, 
       court costs $16.50, county justice fund $5.00, 
       peace officers training fee $10.00, ISTARS 
       technology fund fee $10.00, and emergency
       surcharge fee $10.00).	      		               $62.00
(15) Failure to display license plate. Section 
       49-428, Idaho Code.  (Fixed penalty $10.50, 
       court costs $16.50, county justice fund fee $5.00, 
       peace officers training fee $10.00, ISTARS 
       technology fund fee $10.00, and emergency 
       surcharge fee $10.00).			                   $62.00
(16) Operating vehicle without registration. 
       Section 49-456(1), Idaho Code. (Fixed 
       penalty $44.50, court costs $16.50, county 
       justice fund fee $5.00, peace officers training fee
       $10.00, ISTARS technology fund fee $10.00,
       and emergency surcharge fee $10.00).		          $96.00
(17) Fictitious display of license plates. 
       Section 49-456(3), Idaho Code, (Fixed penalty 
       $58.50, court costs $16.50, county justice fund 
       fee $5.00, peace officers training fee $10.00, 
       ISTARS technology fund fee $10.00, and 
       emergency surcharge fee $10.00).		               $110.00
 (18) Lending or permitting another to use 
       registration or license plate. Section 49-456(4), 
       Idaho Code. (Fixed penalty $58.50, court 
       costs $16.50, county justice fund $5.00, 
       peace officers training fee $10.00, ISTARS 
       technology fund fee $10.00, and emergency 
       surcharge fee $10.00).	                		   $110.00
(19) Failing to surrender registration and
        license plate upon revocation or suspension. 
        Section 49-456(5), Idaho Code. (Fixed penalty 
        $44.50, court costs $16.50, county justice 
        fund fee $5.00, peace officers training fee 
        $10.00, ISTARS technology fund fee $10.00), 
        and emergency surcharge fee $10.00).		       $96.00
(20) Use of false or fictitious name in 
        application for registration or concealing 
        material facts. Section 49-456(6), Idaho Code.  
        (Fixed penalty $100.00, court costs $16.50, county
        justice fund fee $5.00, peace officers training fee
        $10.00, ISTARS technology fund fee $10.00, and
        emergency surcharge fee $10.00).		          $151.50
(21) Failure to redeem an abandoned vehicle. 
        Section 49-1802, Idaho Code. (Fixed penalty 
        $10.50, court costs $16.50, county justice fund 
        fee $5.00, peace officers training fee $10.00, 
        ISTARS technology fund fee $10.00, abandoned 
        vehicle fee $150.00, and emergency surcharge
        fee $10.00).	  	                               $212.00
(22) Non-moving traffic infractions. (Fixed 
        penalty $10.50, court costs $16.50, county justice 
        fund fee $5.00, peace officers training fee
        $10.00, ISTARS technology fund fee $10.00, and
        emergency surcharge fee $10.00).		           $62.00
(23) Special parking infractions. Recreational 
        parking.  Section 67-7115, Idaho Code, and illegal 
        parking in state park, Section 67-4237 Idaho Code, 
        (Fixed penalty $25.00, court costs $16.50, county 
        justice fund fee $5.00, ISTARS technology 
        fund fee $10.00, and emergency surcharge 
        fee $10.00 -- No peace officers training fee).	    $66.50
(24) Disability parking violations. Unauthorized 
        disability parking, Section 49-213, Idaho Code, 
        and unauthorized use of disability plate or 
        placard, Section 49-410, Idaho Code. (Fixed 
        penalty $100.00, court costs $16.50, county justice
        fund fee $5.00, ISTARS technology fund fee 
        $10.00, and emergency surcharge fee $10.00 – 
        No peace officers training fee).   	       	    $141.50
 
(25) Other parking infractions and failure to pay parking 
        infractions unless otherwise provided by statute
        or ordinance.  (Fixed penalty $5.00, court costs 
        $16.50, county justice fund fee $5.00, ISTARS 
        technology fund fee $10.00, and emergency surcharge 
        fee $10.00 -- No peace officers training fee).	     $46.50
(26) Operating a motor vehicle without insurance. 
        Sections 49-1229 and 49-1428, Idaho Code and 
        failure to have certificate of insurance, Section 
        49-1232, Idaho Code, (First offense only, second 
        or subsequent offense is a misdemeanor. (Fixed 
        penalty $75.00, court costs $16.50, county justice 
        fund fee $5.00, peace officers training fee $10.00, 
        ISTARS technology fund fee $10.00, and emergency
        surcharge fee $10.00).			                    $126.50
(27) Trucking overweight. Section 49-438, Idaho 
       Code, and Sections 49-1001, 49-1002, 49-1004, 
       49-1005, Idaho Code.	
       1-1000 pounds overweight (Fixed penalty $5.00, 
       court costs $16.50, county justice fund $5.00, 
       peace officers training fee $10.00, ISTARS 
       technology fund fee $10.00, and emergency 
       surcharge fee $10.00.)		                       $56.50
       1001-2000 pounds overweight (Fixed penalty 
       $15.00, court costs $16.50, county justice fund 
       $5.00, peace officers training fee $10.00,  
       ISTARS technology fund fee $10.00, and 
       emergency surcharge fee $10.00.)		               $66.50
       2001-4000 pounds overweight (Fixed penalty 
       $25.00, court costs $16.50, county justice fund 
       $5.00, peace officer's training fee $10.00,  
       ISTARS technology fund fee $10.00, and 
       emergency surcharge fee $10.00.)    	     	       $76.50
       For multiple infractions see I.C. § 49-1013(4).
(28) Fish and game violations made infractions 
       by Section 36-1401, Idaho Code. (Fixed 
       penalty $15.50, court costs $16.50, county justice
       fund fee $5.00, peace officers training fee
       $10.00, ISTARS technology fund fee $10.00, and
       emergency surcharge fee $10.00).	  	              $67.00
(29) All-terrain vehicle and snowmobile infractions.  
       Driving on highway. Section 67-7109, Idaho Code 
       (Fixed penalty $100.00, court costs $16.50, county 
       justice fund fee $5.00, peace officers training fee 
       $10.00, ISTARS technology fund fee $10.00, and 
       emergency surcharge fee $10.00). 		          $151.50
(30) Parks and recreation violations made 
       infractions by Section 67-4223, Idaho Code.  
       (Fixed penalty $15.50, court costs $16.50, county 
       justice fund fee $5.00, peace officers training fee 
       $10.00, ISTARS technology fund fee $10.00, and
       emergency surcharge fee $10.00).  	 	          $67.00
(31) All other all-terrain vehicle and snowmobile 
       infractions. Sections 67-7102 through 67-7112, 
       67-7122, 67-7125, Idaho Code. (Fixed penalty 
       $25.00, court costs $16.50, county justice fund 
       fee $5.00, peace officers training fee $10.00, 
       ISTARS technology fund fee $10.00, and 
       emergency surcharge fee $10.00).		              $76.50
(32) Renting a watercraft without safety devices 
       and safety decal.  Section 67-7078 (Fixed penalty 
       $25.00, court costs $16.50, county justice fund 
       fee $5.00, peace officers training fee $10.00,  
       ISTARS technology fund fee $10.00, and 
       emergency surcharge fee $10.00).	 	              $76.50
(33) Failure to carry required equipment in watercraft. 
       (IDAPA 26.01.30 Parks and Recreation) Sections 
       67-7002 and 67-7015, Idaho Code.  (Fixed 
       penalty $42.50, court costs $16.50, county justice 
       fund fee $5.00, peace officers training fee $10.00, 
       ISTARS technology fund fee $10.00, and 
       emergency surcharge fee $10.00).  	   	          $94.00
(34) Improper waterskiing. Section 67-7024, 
       Idaho Code. (Fixed penalty $42.50, court costs 
       $16.50, county justice fund fee $5.00, peace 
       officers training fee $10.00, ISTARS technology
       fund fee $10.00, and emergency surcharge fee 
       $10.00).    				                  $94.00
(35)  Permitting smoking in public building or
       office. Section 39-5506, Idaho Code. 
       (Fixed penalty $67.50, court costs $16.50, 
       county justice fund fee $5.00, peace officer 
       training fee $10.00, ISTARS technology 
       fund fee $10.00, and emergency surcharge 
       fee $10.00).				                 $119.00
(36)  Refusing to extinguish tobacco 
       product in public building or office.  Section 
       39-5507, Idaho Code. (Fixed penalty $17.50, 
       court costs $16.50, county justice fund 
       fee $5.00, peace officer training fee $10.00,  
       ISTARS technology fund fee $10.00, and 
       emergency surcharge fee $10.00).		               $69.00
(37) Other infractions. (Fixed penalty $15.50, 
       court costs $16.50, county justice fund fee 
       $5.00, peace officers training fee $10.00, 
       ISTARS technology fund fee $10.00, and 
       emergency surcharge fee $10.00).  		           $67.00

  (c) Consolidation of Multiple Offenses in Assessing Court Costs. 
 The court may consolidate multiple non-moving or parking infractions into 
 one offense for the purpose of assessing court costs under I.C §31-3201A(c), 
 together with the fixed penalty portion of the penalty for each infraction.

  (d) Withheld Judgments or Suspended Penalties Prohibited. No court shall have the power 
 to withhold judgment nor to suspend any part of a judgment for a fixed penalty and costs 
 prescribed under this rule.

  (e) Deferred Payment Agreement. After the entry of a judgment for an infraction, the court, 
 or the clerk within the guidelines set by the court, may enter into an agreement with the 
 defendant for the deferred payment of the fixed penalty plus court costs. Such agreement 
 shall be signed by the defendant and the court, or the clerk on behalf of the court, and 
 shall state in bold letters that failure of the defendant to make the payments when agreed 
 will result in the suspension of the defendant's driver's license as provided in Rule 10. 
 Subsequent extensions of time to pay a fixed penalty plus court costs may be granted by 
 the execution of a new agreement by the defendant and the court or the clerk.

  (f) Form of Agreement. A deferred payment agreement under this rule shall be substantially 
the following form:

                               [Court Heading]


STATE OF IDAHO                    )
                                  )
     Plaintiff,                   )
                                  )  DEFERRED PAYMENT
                                  )  AGREEMENT
vs.                               )
                                  )
_______________________________,  )
                                  )
     Defendant.                   )
                                  )
DOB: _______________              )
DL OR SSN: _______ (State) _____  )

 
 JUDGMENT HAVING BEEN ENTERED for the charge against the above named defendant and for the penalty 
 or fine and court costs of $_______ and the defendant having shown good cause for a deferred payment;

 IT IS HEREBY AGREED that the defendant is granted a Deferred Payment Agreement as 
 follows: _________________________________________________________ 
 ______________________________________________________________________________

 You are further advised that an additional statutory $2.00 handling fee will be assessed for EACH partial 
 payment.

 [ ] THIS CHARGE IS AN INFRACTION--YOU ARE HEREBY NOTIFIED THAT IF YOU DO NOT PAY THE TOTAL AMOUNT DUE
 WITHIN THE TIME AGREED, IN PERSON OR BY MAIL TO THE COURT, YOUR DRIVER'S LICENSE WILL BE SUSPENDED BY 
 THE IDAHO DEPARTMENT OF TRANSPORTATION OR BY YOUR HOME STATE PURSUANT TO THE INTERSTATE NONRESIDENT 
 VIOLATOR COMPACT IF THIS IS A TRAFFIC INFRACTION. IF YOU DO NOT MAKE THE PAYMENT WHEN AGREED YOU HAVE 
 THE RIGHT TO APPEAR BEFORE THE COURT ON THE ___ DAY OF _______ 20__ AT ___ O'CLOCK __.M. TO SHOW CAUSE 
 WHY YOUR LICENSE SHOULD NOT BE SUSPENDED FOR FAILURE TO PAY THE TOTAL AMOUNT DUE.

 [ ] THIS IS A MISDEMEANOR CHARGE--YOU ARE HEREBY NOTIFIED that if you do not pay the fine within the time 
 agreed a warrant may issue for your arrest without further notice.

 Dated _________________________________

 ________________________________________
 Clerk or Judge 

 RECEIPT
 I acknowledge receipt of this Agreement and state that I have read and agree to the terms of this 
 Agreement and acknowledge that I REALIZE THAT MY DRIVER'S LICENSE WILL BE SUSPENDED OR A WARRANT MAY 
 ISSUE FOR MY ARREST IF I FAIL TO MAKE THE PAYMENTS AS AGREED.

 ________________________________________
 Defendant

  (g) Discharge of Judgment. If, after entry of a judgment for the payment of a penalty, court costs 
 or payment of money to any person or entity, the court determines that the unpaid portion of the 
 judgment is not reasonably collectible for any reason, the court may enter an order discharging the 
 judgment and close the file. A discharge of a judgment on a citation may be entered by endorsing the 
 word "discharged" on the face of the citation together with the date and the signature of the court. 
 Such discharge may be signed and entered by the clerk at the direction of the court. The entry of a 
 discharge of judgment shall not affect the judgment other than to satisfy the duty to pay the balance 
 of the penalty, court costs and the payment of money to any person or entity; provided, such discharge 
 does not satisfy the duty of the defendant to pay victim's restitution ordered pursuant to Chapter 53 
 of Title 19, Idaho Code, nor prevent the victim from enforcing the order by execution pursuant to 
 section 19-5305, Idaho Code.


 [Amended effective July 1, 1995;  July 1, 1996;  July 1, 1997;  
 January 1, 1999; amended June 7, 2000, effective July 1, 2000;
 amended June 21, 2000, effective July 1, 2000; amended January
 30, 2001, effective January 30, 2001; modified April 13, 2001,
 effective July 1, 2001; amended March 5, 2002, effective July
 1, 2002; amended April 19, 2002, effective July 1, 2002; amended
 June 16, 2003, effective July 1, 2003; amended July 29, 2003,
 effective immediately; amended April 22, 2004, effective July 1, 2004;
 amended April 5, 2005, effective July 1, 2005; amended March 21,
 2007, effective July 1, 2007; amended, effective February 1, 2009; 
 amended April 2, 2010, effective April 15, 2010; amended April 27, 
 2011, effective July 1, 2011.)