Utah Code 53-3-227. Driving a motor vehicle prohibited while driving privilege denied, suspended, disqualified, or revoked — Penalties
Current as of: 2023 | Check for updates
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53-3-227. Driving a motor vehicle prohibited while driving privilege denied, suspended, disqualified, or revoked — Penalties.
| (1) | A person whose driving privilege has been denied, suspended, disqualified, or revoked under this chapter or under the laws of the state in which the person’s driving privilege was granted and who drives any motor vehicle upon the highways of this state while that driving privilege is denied, suspended, disqualified, or revoked shall be punished as provided in this section. |
| Class | Prison | Fine |
|---|---|---|
| class B misdemeanor | up to 6 months | up to $1,000 |
| class C misdemeanor | up to 90 days | up to $750 |
Terms Used In Utah Code 53-3-227
- CDL: means a license:
(a) issued substantially in accordance with the requirements of Title XII, Pub. See Utah Code 53-3-102 - Commercial motor vehicle: means a motor vehicle or combination of motor vehicles designed or used to transport passengers or property if the motor vehicle:
(i) has a gross vehicle weight rating or gross vehicle weight of 26,001 or more pounds, or gross combination weight rating or gross combination weight of 26,001 or more pounds or a lesser rating as determined by federal regulation; (ii) is designed to transport 16 or more passengers, including the driver; or (iii) is transporting hazardous materials and is required to be placarded in accordance with 49 C. See Utah Code 53-3-102 - Conviction: A judgement of guilt against a criminal defendant.
- Conviction: means any of the following:
(a) an unvacated adjudication of guilt or a determination that a person has violated or failed to comply with the law in a court of original jurisdiction or an administrative proceeding; (b) an unvacated forfeiture of bail or collateral deposited to secure a person's appearance in court; (c) a plea of guilty or nolo contendere accepted by the court; (d) the payment of a fine or court costs; or (e) violation of a condition of release without bail, regardless of whether the penalty is rebated, suspended, or probated. See Utah Code 53-3-102 - denied: means the withdrawal of a driving privilege by the division to which the provisions of 4, do not apply. See Utah Code 53-3-102
- Disqualification: means either:
(a) the suspension, revocation, cancellation, denial, or any other withdrawal by a state of a person's privileges to drive a commercial motor vehicle; (b) a determination by the Federal Highway Administration, under 49 C. See Utah Code 53-3-102 - Motor vehicle: means the same as that term is defined in Section 41-1a-102. See Utah Code 53-3-102
- Person: means :Utah Code 68-3-12.5
- Plea: In a criminal case, the defendant's statement pleading "guilty" or "not guilty" in answer to the charges, a declaration made in open court.
- Revocation: means the termination by action of the division of a licensee's privilege to drive a motor vehicle. See Utah Code 53-3-102
- State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 68-3-12.5
- Suspension: means the temporary withdrawal by action of the division of a licensee's privilege to drive a motor vehicle. See Utah Code 53-3-102
- United States: includes each state, district, and territory of the United States of America. See Utah Code 68-3-12.5
- Vehicle: means every device in, upon, or by which any person or property is or may be transported or drawn upon a highway, excepting devices used exclusively upon stationary rails or tracks. See Utah Code 53-1-102
(2) A person convicted of a violation of Subsection (1), other than a violation specified in Subsection (3), is guilty of a class C misdemeanor. (3) (a) A person is guilty of a class B misdemeanor if the person’s conviction under Subsection (1) is based on the person driving a motor vehicle while the person’s driving privilege is suspended, disqualified, or revoked for: (i) a refusal to submit to a chemical test under Section 41-6a-520; (ii) a violation of Section 41-6a-520.1; (iii) a violation of Section 41-6a-502; (iv) a violation of a local ordinance that complies with the requirements of Section 41-6a-510; (v) a violation of Section 41-6a-517; (vi) a violation of Section 76-5-207; (vii) a criminal action that the person plead guilty to as a result of a plea bargain after having been originally charged with violating one or more of the sections or ordinances under this Subsection (3); (viii) a revocation or suspension which has been extended under Subsection 53-3-220(2); (ix) where disqualification is the result of driving a commercial motor vehicle while the person’s CDL is disqualified, suspended, canceled, or revoked under Subsection 53-3-414(1); or (x) a violation of Section 41-6a-530. (b) A person is guilty of a class B misdemeanor if the person’s conviction under Subsection (1) is based on the person driving a motor vehicle while the person’s driving privilege is suspended, disqualified, or revoked by any state, the United States, or any district, possession, or territory of the United States for violations corresponding to the violations listed in Subsection (3)(a). (c) A fine imposed under this Subsection (3) shall be at least the maximum fine for a class C misdemeanor under Section 76-3-301. Amended by Chapter 415, 2023 General Session
- Commercial motor vehicle: means a motor vehicle or combination of motor vehicles designed or used to transport passengers or property if the motor vehicle: