Dear Jared,

I have heard some traffic infraction fines are increasing this year.  Where can I find out which traffic fines have increased?  When does this go into effect?  Furthermore, how are fine increases decided?

Signed,

Curious

Dear Curious,

You have heard right.  There are a number of traffic infractions which have increased.  Take speeding for example: The fines have been increased to $75.00 for 1 to 15 mph above the speed limit and $140.00 for 16 or more miles above the speed limit.  This is an increase from $62.00 and $117.00 respectively.  In addition, in the past the $117.00 fine only applied when a driver was 20 mph or more above the speed limit whereas the new $140.00 fine is for 16 or more mph above the speed limit. So watch your lead foot!

Infraction penalties are set forth by statute.  Idaho Code section 18-113A says an infraction is punishable by a fine not exceeding $100.00.  This of course is referring to the fixed penalty and does not include the court costs and other fees.  So the total amount for some infractions does exceed $100.00.  Most of the fixed penalties are found in the Idaho Infraction Rules, specifically Rule 9.  Some infractions, such as Idaho’s seat belt law, have a fixed penalty which is set by the statute itself. To change these fines requires the Idaho Legislature to amend the specific statute.

All other increases requires the Idaho Supreme Court to amend Rule 9 of the Idaho Infraction Rules. A “Misdemeanor/Infractions Rules Committee” makes their amendment recommendations to the Idaho Supreme Court.  The Supreme Court reviews the recommendations and if the Court agrees the amendment is signed. Click here to see a copy of the Order Amending Rules.

The changes took effect July 1st, 2007.  So be safe and obey all traffic laws!

Sincerely,

Jared, TSRP