Fighting an Infraction: What You Should Know

What Is an Infraction?

An infraction is a minor violation of the law that is not considered a criminal offense. Unlike misdemeanors or felonies, infractions do not carry the possibility of jail time, and being found responsible for an infraction does not result in a criminal conviction.

Common examples of infractions in Idaho include speeding tickets, failing to stop at a stop sign, following too closely, and other minor traffic violations.

Although infractions are not crimes, they can still have consequences. Depending on the violation, you may be required to pay a fine, receive points on your driver's license, or experience increased insurance rates. Certain infractions can also have additional consequences for people who drive professionally or hold a commercial driver's license (CDL).

You have the right to contest an infraction in court. However, whether fighting the ticket is worth the time and expense depends on what you are hoping to accomplish.

Fighting an Infraction Can Be a Gamble

At Nemeroff Law, we want our clients to have realistic expectations about fighting infractions. The reality is that contesting a ticket can be a bit of a gamble, and the outcome often depends on circumstances outside of our control.

1. It Depends on the Prosecutor

One of the biggest factors is which prosecutor handles your case and whether they are willing to negotiate.

Some prosecutors take a very strict approach. They may cite Idaho's anti-masking law and refuse to reduce the charge or offer an alternative resolution. In those situations, they may tell us that the only way to beat the ticket is to take the case to trial.

Other prosecutors are much more flexible. They may be willing to negotiate a reduction, dismissal, or alternative resolution if you complete a driving course, perform community service, or satisfy other conditions, when legally permitted.

Unfortunately, there is no way to guarantee which approach a prosecutor will take. Two people with nearly identical tickets can have very different outcomes depending on who handles their cases.

2. Going to Trial Is Also a Gamble

Even when a prosecutor refuses to negotiate, that doesn't necessarily mean you will lose.

Sometimes an officer doesn't show up for trial, which may result in a dismissal. Other times, the officer appears, presents the evidence, and the court finds you responsible for the violation.

We can review the evidence, identify potential defenses, and challenge the government's case, but we cannot guarantee a particular outcome.

3. Fighting the Ticket Can Cost More Than Paying It

In many cases, the attorney fees associated with fighting an infraction can exceed the amount of the ticket itself.

That doesn't necessarily mean fighting it is a bad decision. It just means you should consider whether the potential benefit is worth the expense.

For example, if your only concern is avoiding a relatively small fine, spending several hundred dollars on an attorney may not make financial sense, particularly when there is no guarantee of success.

However, if the infraction could affect your employment, driving privileges, insurance rates, or CDL, the potential consequences may justify fighting it.

What About Points on Your License?

If your primary concern is points on your driving record, there may be a more practical solution.

In Idaho, eligible drivers can complete an approved defensive driving course to remove three points from their driving record, subject to certain restrictions.

This may be a more affordable and predictable option than paying an attorney to fight a ticket.

However, removing points does not erase the underlying violation or necessarily prevent insurance or CDL-related consequences.

So, Is Fighting an Infraction Worth It?

Ultimately, it depends on what your bottom line is.

If your goal is simply to avoid paying a small fine, it may make more financial sense to pay the ticket.

If your concern is points on your license, taking a defensive driving course may accomplish what you need without the uncertainty of trial.

If the infraction could seriously affect your employment, driving privileges, or insurance, fighting it may be worth the expense even if the outcome is uncertain.

Our Approach

At Nemeroff Law, we are happy to help clients contest infractions, but we believe in being upfront about the process.

Some prosecutors are willing to work with us. Others are not. Some tickets can be resolved through negotiation, while others require a trial. Sometimes circumstances work in your favor, and sometimes they don't.

The bottom line is that fighting an infraction is not a guaranteed way to make a ticket disappear. Before spending money on an attorney, we want you to understand the potential costs, benefits, and uncertainty so you can make the decision that makes the most sense for your situation.