41-6a-202. Violations of chapter — Penalties — Acceptance of plea of guilty.
| (1) |
As used in this section, “serious bodily injury” is as defined in Section 41-6a-401.3. |
Terms Used In Utah Code 41-6a-202
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Peace officer: means a peace officer authorized under Title 53, Chapter 13, Peace Officer Classifications, to direct or regulate traffic or to make arrests for violations of traffic laws. See Utah Code 41-6a-102
- Person: means a natural person, firm, copartnership, association, corporation, business trust, estate, trust, partnership, limited liability company, association, joint venture, governmental agency, public corporation, or any other legal or commercial entity. See Utah Code 41-6a-102
- 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.
- Traffic: means pedestrians, ridden or herded animals, vehicles, and other conveyances either singly or together while using any highway for the purpose of travel. See Utah Code 41-6a-102
- Vehicle: means a device in, on, or by which a person or property is or may be transported or drawn on a highway, except a mobile carrier, as defined in Section 41-6a-1120, or a device used exclusively on stationary rails or tracks. See Utah Code 41-6a-102
- Writing: includes :Utah Code 68-3-12.5
| (2) |
A violation of any provision of this chapter is an infraction, unless otherwise provided. |
| (3) |
A violation of any provision of 2, 11, 17, and 18, of this chapter is an infraction, unless otherwise provided. |
| (4) |
| (a) |
If a person has received a citation for a moving traffic violation under this chapter that resulted in a collision and any person involved in the collision sustained serious bodily injury or death as a proximate result of the collision, a court may not accept a plea of guilty or no contest to a charge for the moving traffic violation unless the prosecutor agrees to the plea:
| (iii) |
by another means of communication which the court finds adequate to record the prosecutor’s agreement. |
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| (b) |
A peace officer that issues a citation for a moving traffic violation under this chapter shall record on the citation whether the moving traffic violation resulted in a collision in which any person involved in the collision sustained serious bodily injury or death as a proximate result of the traffic collision. |
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| (5) |
| (a) |
If a person receives a citation for a violation described in Subsection (5)(b), the person is not guilty of an infraction and is not required to pay a fee or fine if the person presents to the court clerk evidence that the person did not own the vehicle at the time of the alleged violation. |
| (b) |
Subsection (5)(a) applies to a person accused of a violation under this chapter or a violation of a traffic ordinance of a political subdivision for which the sole method of identifying the person alleged to be responsible for the violation is through registration or title records of the Division of Motor Vehicles. |
| (c) |
The court shall consider a bill of sale for the vehicle in question as evidence described in Subsection (5)(a) if the bill of sale:
| (i) |
is executed by both the buyer and the seller; and |
| (ii) |
indicates that the vehicle was sold on a date before the date of the citation described in Subsection (5)(a). |
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Amended by Chapter 416, 2023 General Session
