53-3-218. Court to report convictions and may recommend suspension of license — Severity of speeding violation defined.
(1)
As used in this section, “conviction” means conviction by the court of first impression or final administrative determination in an administrative traffic proceeding.
Terms Used In Utah Code 53-3-218
Acquittal:
Judgement that a criminal defendant has not been proved guilty beyond a reasonable doubt.
A verdict of "not guilty."
Appellate: About appeals; an appellate court has the power to review the judgement of another lower court or tribunal.
Bail: Security given for the release of a criminal defendant or witness from legal custody (usually in the form of money) to secure his/her appearance on the day and time appointed.
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
Division: means the Driver License Division of the department created in Section 53-3-103. See Utah Code 53-3-102
driver: includes any person who is required to hold a CDL under 4, or federal law. See Utah Code 53-3-102
Highway: means the entire width between property lines of every way or place of any nature when any part of it is open to the use of the public, as a matter of right, for traffic. See Utah Code 53-3-102
Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
License: means the privilege to drive a motor vehicle. See Utah Code 53-3-102
License certificate: means the evidence of the privilege issued under this chapter to drive a motor vehicle. See Utah Code 53-3-102
Penalty accounts receivable: means a fine, restitution, forfeiture, fee, surcharge, or other financial penalty imposed on an individual by a court or other government entity. See Utah Code 53-3-102
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.
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
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)
Except as provided in Subsection (2)(c), a court having jurisdiction over offenses committed under this chapter or any other law of this state, or under any municipal ordinance regulating driving motor vehicles on highways or driving motorboats on the water, shall forward to the division within five days, an abstract of the court record of the conviction or plea held in abeyance of any person in the court for a reportable traffic or motorboating violation of any laws or ordinances, and may recommend the suspension of the license of the person convicted.
(b)
When the division receives a court record of a conviction or plea in abeyance for a motorboat violation, the division may only take action against a person’s driver license if the motorboat violation is for a violation of 5.
(c)
A court may not forward to the division an abstract of a court record of a conviction for a violation described in Subsection 53-3-220(1)(c)(i), unless the court found that the person convicted of the violation was an operator of a motor vehicle at the time of the violation.
(3)
(a)
A court may not order the division to suspend a person’s driver license based solely on the person’s failure to pay a penalty accounts receivable.
(b)
The court may notify the division, and the division may, prior to sentencing, suspend the driver license of a person who fails to appear if the person is charged with:
(i)
an offense of any level that is a moving traffic violation;
The abstract shall be made in the form prescribed by the division and shall include:
(a)
the name, date of birth, and address of the party charged;
(b)
the license certificate number of the party charged, if any;
(c)
the registration number of the motor vehicle or motorboat involved;
(d)
whether the motor vehicle was a commercial motor vehicle;
(e)
whether the motor vehicle carried hazardous materials;
(f)
whether the motor vehicle carried 16 or more occupants;
(g)
whether the driver presented a commercial driver license;
(h)
the nature of the offense;
(i)
whether the offense involved an accident;
(j)
the driver’s blood alcohol content, if applicable;
(k)
if the offense involved a speeding violation:
(i)
the posted speed limit;
(ii)
the actual speed; and
(iii)
whether the speeding violation occurred on a highway that is part of the interstate system as defined in Section 72-1-102;
(l)
the date of the hearing;
(m)
the plea;
(n)
the judgment or whether bail was forfeited; and
(o)
the severity of the violation, which shall be graded by the court as “minimum,” “intermediate,” or “maximum” as established in accordance with Subsection 53-3-221(4).
(5)
When a convicted person secures a judgment of acquittal or reversal in any appellate court after conviction in the court of first impression, the division shall reinstate the convicted person’s license immediately upon receipt of a certified copy of the judgment of acquittal or reversal.
(6)
Upon a conviction for a violation of the prohibition on using a wireless communication device while operating a moving motor vehicle under Section 41-6a-1716, a judge may order a suspension of the convicted person’s license for a period of three months.
(7)
Upon a conviction for a violation of careless driving under Section 41-6a-1715 that causes or results in the death of another person, a judge may order a revocation of the convicted person’s license for a period of one year.
