I got a simple citation (Idaho Code Section 49-654(2)) for driving at 80 on 65 in the state of Idaho. I have an attorney there who is working to contest the ticket. He has mentioned that an outright dismissal is extremely unlikely.
The solution that he is proposing is "Bond Forefeiture" explained in Idaho Code Section 49-240(1) (Cited: Whenever a person has received a written uniform misdemeanor traffic citation, summons or complaint containing a notice to appear before a magistrate, and if the attorney prosecuting the case and the defendant concur that it is in the best interest of justice that the defendant may post and forfeit an amount of the bond agreed upon by the parties, the court shall dismiss the charge. When bond is forfeited under the provisions of this subsection, no violation points, as prescribed in section 49-326, Idaho Code, shall accrue. A forfeiture of bond under the provisions of this subsection shall not be recorded as a conviction)
The prosecution attorney is willing to work on the "bond forfeiture" option. For this, the prosecution will amend my citation from speeding infraction (49-654(2)) to "knowingly permitting operation of a motor vehicle contrary to law, Idaho Code Section 49-1403", which I believe is a misdemeanor and then they will dismiss it. I will have to pay an amount close to $150 but there will be no conviction and no points will be reported to my driving record. FYI I am from Washington state with WA drivers license.
My question to this forum is: What are the cons of opting for the "bond forfeiture" option. They will charge me with a misdemeanor and immediately dismiss it and no conviction, but does it affect my background check history in any form? More specifically, will it affect in any form my entry into the US, my job, my future jobs if I want to get a new job, green card application, visa renewal (I'm on H1 visa in this country). Is "bond forfeiture" option better than pleading guilty for me? I'm just trying to understand the implications if I decide to opt for bond forfeiture option.
Thanks,
Indra
The solution that he is proposing is "Bond Forefeiture" explained in Idaho Code Section 49-240(1) (Cited: Whenever a person has received a written uniform misdemeanor traffic citation, summons or complaint containing a notice to appear before a magistrate, and if the attorney prosecuting the case and the defendant concur that it is in the best interest of justice that the defendant may post and forfeit an amount of the bond agreed upon by the parties, the court shall dismiss the charge. When bond is forfeited under the provisions of this subsection, no violation points, as prescribed in section 49-326, Idaho Code, shall accrue. A forfeiture of bond under the provisions of this subsection shall not be recorded as a conviction)
The prosecution attorney is willing to work on the "bond forfeiture" option. For this, the prosecution will amend my citation from speeding infraction (49-654(2)) to "knowingly permitting operation of a motor vehicle contrary to law, Idaho Code Section 49-1403", which I believe is a misdemeanor and then they will dismiss it. I will have to pay an amount close to $150 but there will be no conviction and no points will be reported to my driving record. FYI I am from Washington state with WA drivers license.
My question to this forum is: What are the cons of opting for the "bond forfeiture" option. They will charge me with a misdemeanor and immediately dismiss it and no conviction, but does it affect my background check history in any form? More specifically, will it affect in any form my entry into the US, my job, my future jobs if I want to get a new job, green card application, visa renewal (I'm on H1 visa in this country). Is "bond forfeiture" option better than pleading guilty for me? I'm just trying to understand the implications if I decide to opt for bond forfeiture option.
Thanks,
Indra
Traffic Court Issues: Using Bond Forfeiture to Avoid Driver's License Points
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