statute of limitationsUnited States · Idaho (Statewide)Difficulty: Medium
Two-Year Misdemeanor / One-Year Infraction SOL – Idaho Code §19-402
Idaho Code §19-402 imposes a two-year statute of limitations on misdemeanors and §19-403 a one-year SOL on infractions. Most parking offenses are infractions under §49-236. If the city refers an unpaid citation to court more than one year after issue without filing a charging document, prosecution is time-barred.
Legal basis
Idaho Code §19-402; §19-403; §49-236
Sample appeal wording
IN THE MAGISTRATE COURT, [COUNTY] COUNTY, IDAHO State/City of [____] v. [NAME] Case No. [NUMBER] MOTION TO DISMISS – STATUTE OF LIMITATIONS Defendant moves to dismiss under Idaho Code §19-403 (one-year SOL for infractions). Citation issued [DATE_ISSUED]. Charges filed [DATE_FILED], more than one year later. Prosecution is time-barred. WHEREFORE Defendant respectfully requests dismissal with prejudice. /s/ [NAME] / [DATE]
Replace [PARKING DATE], [NtK DATE] etc. with your own dates before sending.
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