Defective Citation Under Idaho Code §49-1413 / IIRC Rule 5
Idaho Infraction Rules of Civil Procedure (IIRC) Rule 5 and Idaho Code §49-1413 require parking citations to identify the vehicle, the location, the date and time, the specific code provision violated, and the citing officer. Boise City Code §10-15-04 and Pocatello Code §11.36.040 mirror these requirements. Citations missing any required element fail as charging documents and must be dismissed (see State v. Crisman, 123 Idaho 277 (1992)).
Legal basis
Idaho Code §49-1413; IIRC Rule 5; State v. Crisman, 123 Idaho 277 (1992); Boise City Code §10-15-04
Sample appeal wording
[CITY] – Parking Citation Appeals RE: Citation #[CITATION] I appeal as facially defective under Idaho Code §49-1413 and IIRC Rule 5. The citation [omits / illegibly shows] required element(s): [LIST]. Under State v. Crisman, 123 Idaho 277 (1992), a defective charging instrument cannot support enforcement. I respectfully request dismissal. [NAME] / [DATE]
Replace [PARKING DATE], [NtK DATE] etc. with your own dates before sending.
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