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  1. #1

    Default Traffic Citation Really a Misdemeanor

    My question involves a traffic citation from the state of: Idaho
    I was issued a traffic citation for excessive acceleration. It is marked on my citation as an infraction and shows a fine in the amount of 85.00. However, two days before traffic court I received a Notice of Hearing for a misdemeanor. The misdemeanor portion on my citation was crossed off by the sheriff deputy. I pleaded not guilty. What are my options?

  2. #2
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    Default Re: Traffic Citation Really a Misdemeanor

    The notice indicates you're charged with what offense? When you contacted the court to try to determine if the notice was issued in error, you were told what?

  3. #3

    Default Re: Traffic Citation Really a Misdemeanor

    The citation is for a traffic citation but the code used is 49-1424 which is Racing on Public Highways, Exhibition of Speed, Excessive Acceleration.
    The Notice of Hearing only states the Date, Time, Judge and Courtroom that I am to report to. I called the court clerk to ask why I was being arraigned on a traffic citation when I already have a Date,time and fine amount for traffic court. I was quickly informed I was wrong and that my ticket is for a misdemeanor. I then called the Prosecutor's office. I was told that all they receive is the code and not to worry as it would all be worked out in court. The judge scheduled a pretrial conference. At the pretrial conference I requested that the ticket be dismissed as it is written incorrectly. I was told that a misdemeanor is a serious offense and he wouldn't do that. So I tried to explain why I didn't believe it was justified. I was at a town celebration which normally holds a burnout contest after the car show. I had been asked previously, from people from that town, if I was going to participate. I wasn't sure but when 8-10 vehicles participated I decided to go ahead and compete. How was I to know that it was not legitimate. He then said he was buried with MIC cases and needed to continue this at a later date. What a waste of time and gas as there was no resolution. I do not live in the county where the ticket was issued.

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