| (1) |
This section applies to a minor who:
Have a question?
Click here to chat with a criminal defense lawyer and protect your rights.
Terms Used In Utah Code 80-6-707- Adjudication: means a finding by the court, incorporated in a decree, that the facts alleged in the petition have been proved. See Utah Code 80-1-102
- Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
- Arrest: Taking physical custody of a person by lawful authority.
- Commission: means the State Commission on Criminal and Juvenile Justice created in Section 63M-7-201. See Utah Code 80-6-102
- committed: means , unless specified otherwise:
| (a) | with respect to a child, to transfer legal custody; and |
| (b) | with respect to a minor who is at least 18 years old, to transfer custody. See Utah Code 80-1-102- Control: means the same as that term is defined in Section 80-5-102. See Utah Code 80-6-102
- Conviction: A judgement of guilt against a criminal defendant.
- Department: means the Department of Health and Human Services created in Section 26B-1-201. See Utah Code 80-1-102
- Disposition: means an order by a juvenile court, after the adjudication of a minor, under Section 80-3-405 or 80-4-305 or 7. See Utah Code 80-1-102
- Division: means the Division of Juvenile Justice Services created in Section 80-5-103. See Utah Code 80-6-102
- Educational series: means an evidence-based instructional series:
| (a) | obtained at a substance abuse program that is approved by the Division of Integrated Healthcare in accordance with Section 26B-5-104; and |
| (b) | designed to prevent substance use or the onset of a mental health disorder. See Utah Code 80-1-102- Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
- Guardian: means a person appointed by a court to make decisions regarding a minor, including the authority to consent to:
| (b) | enlistment in the armed forces; |
| (c) | major medical, surgical, or psychiatric treatment; or |
| (d) | legal custody, if legal custody is not vested in another individual, agency, or institution. See Utah Code 80-1-102- Minor: means , except as provided in Sections 80-6-501, 80-6-901, and 80-7-102:
| (b) | an individual:| (i) | | (A) | who is at least 18 years old and younger than 21 years old; and |
| (B) | for whom the Division of Child and Family Services has been specifically ordered by the juvenile court to provide services because the individual was an abused, neglected, or dependent child or because the individual was adjudicated for an offense; |
|
| (ii) | | (A) | who is at least 18 years old and younger than 25 years old; and |
| (B) | whose case is under the jurisdiction of the juvenile court in accordance with Subsection 78A-6-103(1)(b); or |
|
| (iii) | | (A) | who is at least 18 years old and younger than 21 years old; and |
| (B) | whose case is under the jurisdiction of the juvenile court in accordance with Subsection 78A-6-103(1)(c). See Utah Code 80-1-102 |
| (a) |
at the time that the minor is adjudicated under Section 80-6-701, is at least the age eligible for a driver license under Section 53-3-204; and |
| (b) |
is found by the juvenile court to be in actual physical control of a motor vehicle during the commission of the offense for which the minor is adjudicated. |
|
| (2) |
| (a) |
Except as otherwise provided by this section, if a minor is adjudicated for a violation of a traffic law by the juvenile court under Section 80-6-701, the juvenile court may:
| (i) |
suspend the minor’s driving privileges; and |
| (ii) |
take possession of the minor’s driver license. |
|
| (b) |
The juvenile court may order any other eligible disposition under Subsection (1), except for a disposition under Section 80-6-703 or 80-6-705. |
| (c) |
If a juvenile court suspends a minor’s driving privileges under Subsection (2)(a):
| (i) |
the juvenile court shall prepare and send the order to the Driver License Division of the Department of Public Safety; and |
| (ii) |
the minor’s license shall be suspended under Section 53-3-219. |
|
|
| (3) |
The juvenile court may reduce a suspension period imposed under Section 53-3-219 if:
| (a) |
| (i) |
the violation is the minor’s first violation of:
|
| (ii) |
| (A) |
the minor completes an educational series as defined in Section 41-6a-501; or |
| (B) |
the minor demonstrates substantial progress in substance use disorder treatment; or |
|
|
| (b) |
| (i) |
the violation is the minor’s second or subsequent violation of:
|
| (ii) |
the minor has completed an educational series as defined in Section 41-6a-501 or demonstrated substantial progress in substance use disorder treatment; and |
| (iii) |
| (A) |
the minor is 18 years old or older and provides a sworn statement to the juvenile court that the minor has not unlawfully consumed alcohol or drugs for at least a one-year consecutive period during the suspension period imposed under Section 53-3-219; or |
| (B) |
the minor is under 18 years old and the minor’s parent or guardian provides an affidavit or sworn statement to the juvenile court certifying that to the parent or guardian‘s knowledge the minor has not unlawfully consumed alcohol or drugs for at least a one-year consecutive period during the suspension period imposed under Section 53-3-219. |
|
|
|
| (4) |
| (a) |
If a minor is adjudicated under Section 80-6-701 for a proof of age violation, as defined in Section 32B-4-411:
| (i) |
the juvenile court may forward a record of adjudication to the Department of Public Safety for a first or subsequent violation; and |
| (ii) |
the minor’s driving privileges will be suspended:
| (A) |
for a period of at least one year under Section 53-3-220 for a first conviction for a violation of Section 32B-4-411; or |
| (B) |
for a period of two years for a second or subsequent conviction for a violation of Section 32B-4-411. |
|
|
| (b) |
The juvenile court may reduce the suspension period imposed under Subsection (4)(a)(ii)(A) if:
| (i) |
the violation is the minor’s first violation of Section 32B-4-411; and |
| (ii) |
| (A) |
the minor completes an educational series as defined in Section 41-6a-501; or |
| (B) |
the minor demonstrates substantial progress in substance use disorder treatment. |
|
|
| (c) |
The juvenile court may reduce the suspension period imposed under Subsection (4)(a)(ii)(B) if:
| (i) |
the violation is the minor’s second or subsequent violation of Section 32B-4-411; |
| (ii) |
the minor has completed an educational series as defined in Section 41-6a-501 or demonstrated substantial progress in substance use disorder treatment; and |
| (iii) |
| (A) |
the minor is 18 years old or older and provides a sworn statement to the court that the minor has not unlawfully consumed alcohol or drugs for at least a one-year consecutive period during the suspension period imposed under Subsection (4)(a)(ii)(B); or |
| (B) |
the minor is under 18 years old and has the minor’s parent or guardian provide an affidavit or sworn statement to the court certifying that to the parent’s or guardian’s knowledge the minor has not unlawfully consumed alcohol or drugs for at least a one-year consecutive period during the suspension period imposed under Subsection (4)(a)(ii)(B). |
|
|
|
| (5) |
When the Department of Public Safety receives the arrest or conviction record of a minor for a driving offense committed while the minor’s license is suspended under this section, the Department of Public Safety shall extend the suspension for a like period of time. |
Amended by Chapter 116, 2022 General Session
Amended by Chapter 334, 2022 General Session
|
|
|
|
|
