STATE v. BENNION

No. 15717.

730 P.2d 952 (1986)

112 Idaho 32

STATE of Idaho, Plaintiff-Respondent, v. Sam H. BENNION, Defendant-Appellant.

Supreme Court of Idaho.

December 18, 1986.


Attorney(s) appearing for the Case

Ronald L. Swafford and Jeffery K. Ward, of the firm Swafford & Ward, Chartered, Idaho Falls, for appellant. Jeffery K. Ward argued.

Jim Jones, Atty. Gen., Lynn E. Thomas, Sol. Gen., and A. Rene Fitzpatrick, Deputy Atty. Gen., Boise, for respondent. A. Rene Fitzpatrick argued.


HUNTLEY, Justice.

In this case, appellant, Sam H. Bennion, challenges the constitutionality of the provision of the Idaho Traffic Infractions Act (ITIA) which defines infractions as civil offenses rather than as criminal actions, and denies those accused of infractions a right to a jury trial. We hold that the ITIA violates neither the Federal nor the Idaho Constitution.

I. BACKGROUND

The facts of this case are undisputed and simple. On March 4,...

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