Idaho § 49-1407 - When peace officer has option to take person before a magistrate
Full text of Idaho Idaho Statutes § 49-1407 — When peace officer has option to take person before a magistrate, with citation guidance and answers to common questions.
§ 49-1407. When peace officer has option to take person before a magistrate
Whenever any person is halted by a peace officer for any misdemeanor violation of the provisions of this title and is not required to be taken before a magistrate, the person shall, in the discretion of the officer, either be given a traffic citation or be taken without unnecessary delay before the proper magistrate as specified in section 49-1411 , Idaho Code, in the following cases:
(1) When the person does not furnish satisfactory evidence of identity or when the officer has reasonable and probable grounds to believe the person will disregard a written promise to appear in court.
(2) When the person is charged with a violation relating to the refusal of a driver of a vehicle to submit a vehicle to an inspection and test.
(3) When the person is charged with a violation relating to the failure or refusal of a driver of a vehicle to submit the vehicle and load to a weighing or to remove excess weight therefrom.
[49-1407, added 1988, ch. 265, sec. 343, p. 746.]
Source: official Idaho text · Last verified 2026-08-27
Frequently Asked Questions About Idaho § 49-1407
What does Idaho Statutes § 49-1407 cover?
Section 49-1407 ("When peace officer has option to take person before a magistrate") is part of the Idaho Statutes, the codified statutory law of Idaho. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite Idaho § 49-1407?
A common citation format is "Idaho Statutes § 49-1407" (Idaho). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of Idaho law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the Idaho official source linked on this page or consult a licensed Idaho attorney.
How does Idaho § 49-1407 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Idaho can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in Idaho.