Terms Used In Utah Code > Title 41 > Chapter 6a > Part 5 - Driving Under the Influence and Reckless Driving

• Adjudicative proceeding: means :Utah Code 68-3-12.5
• 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.
• Affirmed: In the practice of the appellate courts, the decree or order is declared valid and will stand as rendered in the lower court.
• agency: means a state, county, or local government entity that generates or maintains records relating to a civil order for which expungement may be ordered. See Utah Code 78B-7-1001
• Allegation: something that someone says happened.
• Americans with Disabilities Act: means the public accommodation protections of Title III of the Americans with Disabilities Act, 42 U. See Utah Code 78B-8-701
• Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
• Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
• Appellate: About appeals; an appellate court has the power to review the judgement of another lower court or tribunal.
• Appraisal: A determination of property value.
• Appropriation: The provision of funds, through an annual appropriations act or a permanent law, for federal agencies to make payments out of the Treasury for specified purposes. The formal federal spending process consists of two sequential steps: authorization
• Arraignment: A proceeding in which an individual who is accused of committing a crime is brought into court, told of the charges, and asked to plead guilty or not guilty.
• Arrest: Taking physical custody of a person by lawful authority.
• Assessment: means an in-depth clinical interview with a licensed mental health therapist:

  (i)	used to determine if a person is in need of: (A)  substance abuse treatment that is obtained at a substance abuse program; (B)  an educational series; or (C)  a combination of Subsections (1)(b)(i)(A) and (B); and

  (ii)

  that is approved by the Division of Integrated Healthcare in accordance with Section 26B-5-104. See Utah Code 41-6a-501 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. Bench trial: Trial without a jury in which a judge decides the facts. Bicycle: includes an electric assisted bicycle. See Utah Code 41-6a-102 Bona fide and compelling issue of factual innocence: means that the newly discovered material evidence presented by the petitioner, if credible, would clearly establish the factual innocence of the petitioner. See Utah Code 78B-9-401.5 Bus: means a motor vehicle: (i)  designed for carrying more than 15 passengers and used for the transportation of persons; or (ii)  designed and used for the transportation of persons for compensation. See Utah Code 41-6a-102 Civil order: means : (a)  an ex parte civil protective order; (b)  an ex parte civil stalking injunction; (c)  a civil protective order; or (d)  a civil stalking injunction. See Utah Code 78B-7-1001 Civil protective order: means an order issued, subsequent to a hearing on the petition, of which the petitioner and respondent have been given notice, under: (a)  2; (b)  4; (c)  5; or (d)  6. See Utah Code 78B-7-102 Civil stalking injunction: means a stalking injunction issued under 7. See Utah Code 78B-7-102 Commissioner: means the commissioner of the Department of Public Safety. See Utah Code 41-6a-102 Common law: The legal system that originated in England and is now in use in the United States. It is based on judicial decisions rather than legislative action. Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant. Continuance: Putting off of a hearing ot trial until a later time. Contract: A legal written agreement that becomes binding when signed. Convicted person: means the person whose conviction or sentence is under review. See Utah Code 78B-9-502 Conviction: A judgement of guilt against a criminal defendant. Conviction: means any conviction arising from a separate episode of driving for a violation of: (i)  driving under the influence under Section 41-6a-502; (ii)  (A)  for an offense committed before July 1, 2008, alcohol, any drug, or a combination of both-related reckless driving under Sections 41-6a-512 and 41-6a-528; or (B)  for an offense committed on or after July 1, 2008, impaired driving under Section 41-6a-502. See Utah Code 41-6a-501 Conviction: means : (a)  a verdict or conviction; (b)  a plea of guilty or guilty with a mental condition; (c)  a plea of no contest; or (d)  the acceptance by the court of a plea in abeyance. See Utah Code 78B-7-901 Conviction Integrity Unit: means a program established by a prosecution agency to conduct extrajudicial, fact-based reviews of criminal convictions and sentences. See Utah Code 78B-9-502 Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name. Court: means the district court or juvenile court. See Utah Code 78B-7-201 Criminal stalking injunction: means a stalking injunction issued under 9. See Utah Code 78B-7-102 Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries. Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime. Department: means the Department of Public Safety. See Utah Code 41-6a-102 Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial. Disease: means Human Immunodeficiency Virus infection, acute or chronic Hepatitis B infection, Hepatitis C infection, COVID-19 or another infectious disease that may cause Severe Acute Respiratory Syndrome, and any other infectious disease specifically designated by the Labor Commission, in consultation with the Department of Health and Human Services, for the purposes of this part. See Utah Code 78B-8-401 Dismissal: The dropping of a case by the judge without further consideration or hearing. Source: DNA: means deoxyribonucleic acid. See Utah Code 78B-9-301 Domestic violence: means the same as that term is defined in Section 77-36-1. See Utah Code 78B-7-102 Driving under the influence court: means a court that is approved as a driving under the influence court by the Judicial Council according to standards established by the Judicial Council. See Utah Code 41-6a-501 drugs: means : (i)  a controlled substance as defined in Section 58-37-2; (ii)  a drug as defined in Section 58-17b-102; or (iii)  a substance that, when knowingly, intentionally, or recklessly taken into the human body, can impair the ability of a person to safely operate a motor vehicle. See Utah Code 41-6a-501 Educational series: means an educational series obtained at a substance abuse program that is approved by the Division of Integrated Healthcare in accordance with Section 26B-5-104. See Utah Code 41-6a-501 Electric assisted bicycle: means a bicycle with an electric motor that: (a)  has a power output of not more than 750 watts; (b)  has fully operable pedals on permanently affixed cranks; (c)  is fully operable as a bicycle without the use of the electric motor; and (d)  is one of the following: (i)  an electric assisted bicycle equipped with a motor or electronics that: (A)  provides assistance only when the rider is pedaling; and (B)  ceases to provide assistance when the bicycle reaches the speed of 20 miles per hour; (ii)  an electric assisted bicycle equipped with a motor or electronics that: (A)  may be used exclusively to propel the bicycle; and (B)  is not capable of providing assistance when the bicycle reaches the speed of 20 miles per hour; or (iii)  an electric assisted bicycle equipped with a motor or electronics that: (A)  provides assistance only when the rider is pedaling; (B)  ceases to provide assistance when the bicycle reaches the speed of 28 miles per hour; and (C)  is equipped with a speedometer. See Utah Code 41-6a-102 Emergency services provider: means : (a)  an individual licensed under Section 26B-4-116, a peace officer, local fire department personnel, or personnel employed by the Department of Corrections or by a county jail, who provide prehospital emergency care for an emergency services provider either as an employee or as a volunteer; or (b)  an individual who provides for the care, control, support, or transport of a prisoner. See Utah Code 78B-8-401 Employee: means an employee in the service of an employer for compensation. See Utah Code 78B-7-1101 Employer: means a person who employs an individual in this state. See Utah Code 78B-7-1101 Entitlement: A Federal program or provision of law that requires payments to any person or unit of government that meets the eligibility criteria established by law. Entitlements constitute a binding obligation on the part of the Federal Government, and eligible recipients have legal recourse if the obligation is not fulfilled. Social Security and veterans' compensation and pensions are examples of entitlement programs. Establishing office: means the prosecution agency establishing a conviction integrity unit. See Utah Code 78B-9-502 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. Ex parte civil protective order: means an order issued without notice to the respondent under: (a)  2; (b)  4; (c)  5; or (d)  6. See Utah Code 78B-7-102 Ex parte civil stalking injunction: means a stalking injunction issued without notice to the respondent under 7. See Utah Code 78B-7-102 Ex parte workplace violence protective order: means an order issued without notice to the respondent under this part. See Utah Code 78B-7-1101 Expunge: means to seal or otherwise restrict access to an individual's record held by an agency when the record includes a civil order. See Utah Code 78B-7-1001 Factually innocent: means the same as that term is defined in Section 78B-9-401. See Utah Code 78B-9-301 factually innocent: means a person did not:Utah Code 78B-9-401.5 Factually innocent: means the same as that term is defined in Section 78B-9-401. See Utah Code 78B-9-502 First aid volunteer: means a person who provides voluntary emergency assistance or first aid medical care to an injured person prior to the arrival of an emergency medical services provider or peace officer. See Utah Code 78B-8-401 Fiscal year: The fiscal year is the accounting period for the government. For the federal government, this begins on October 1 and ends on September 30. The fiscal year is designated by the calendar year in which it ends; for example, fiscal year 2006 begins on October 1, 2005 and ends on September 30, 2006. Fraud: Intentional deception resulting in injury to another. Genetic genealogy database utilization: means the same as that term is defined in Section 53-10-403. See Utah Code 78B-9-301 Golf cart: means a device that: (i)  is designed for transportation by players on a golf course; (ii)  has not less than three wheels in contact with the ground; (iii)  has an unladen weight of less than 1,800 pounds; (iv)  is designed to operate at low speeds; and (v)  is designed to carry not more than six persons including the driver. See Utah Code 41-6a-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: includes a person who:Utah Code 68-3-12.5 Health care provider: means the same as that term is defined in Section 78B-3-403. See Utah Code 78B-8-401 Hearsay: Statements by a witness who did not see or hear the incident in question but heard about it from someone else. Hearsay is usually not admissible as evidence in court. Highway: includes :Utah Code 68-3-12.5 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 vehicular travel. See Utah Code 41-6a-102 Immediate family: means the same as that term is defined in Section 76-5-106. See Utah Code 78B-7-901 Impeachment: (1) The process of calling something into question, as in "impeaching the testimony of a witness." (2) The constitutional process whereby the House of Representatives may "impeach" (accuse of misconduct) high officers of the federal government for trial in the Senate. Indictment: The formal charge issued by a grand jury stating that there is enough evidence that the defendant committed the crime to justify having a trial; it is used primarily for felonies. Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury. Investigative genetic genealogy service: means the same as that term is defined in Section 53-10-403. See Utah Code 78B-9-301 Judgement: The official decision of a court finally determining the respective rights and claims of the parties to a suit. 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. Land: includes :Utah Code 68-3-12.5 law enforcement agency: means any public agency having general police power and charged with making arrests in connection with enforcement of the criminal statutes and ordinances of this state or any political subdivision. See Utah Code 78B-7-102 Law enforcement agency: means the same as that term is as defined in Section 53-1-102. See Utah Code 41-6a-102 Lawsuit: A legal action started by a plaintiff against a defendant based on a complaint that the defendant failed to perform a legal duty, resulting in harm to the plaintiff. Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC Legitimacy: means consistent with the United States and Utah constitutions, federal and state law, and all rules and principles of a fair and just legal system. See Utah Code 78B-9-502 Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants. Mediation: means a process in which a mediator facilitates communication and negotiation between parties to assist them in reaching a voluntary agreement regarding their dispute. See Utah Code 78B-10-102 Mediation communication: means conduct or a statement, whether oral, in a record, verbal, or nonverbal, that occurs during a mediation or is made for purposes of considering, conducting, participating in, initiating, continuing, or reconvening a mediation or retaining a mediator. See Utah Code 78B-10-102 Mediation party: means a person that participates in a mediation and whose agreement is necessary to resolve the dispute. See Utah Code 78B-10-102 Mediator: means an individual who is neutral and conducts a mediation. See Utah Code 78B-10-102 Medical testing procedure: means a nasopharyngeal swab, a nasal swab, a capillary blood sample, a saliva test, or a blood draw. See Utah Code 78B-8-401 Month: means a calendar month, unless otherwise expressed. See Utah Code 68-3-12.5 Motor assisted scooter: means a self-propelled device with: (i)  at least two wheels in contact with the ground; (ii)  a braking system capable of stopping the unit under typical operating conditions; (iii)  an electric motor not exceeding 2,000 watts; (iv)  either: (A)  handlebars and a deck design for a person to stand while operating the device; or (B)  handlebars and a seat designed for a person to sit, straddle, or stand while operating the device; (v)  a design for the ability to be propelled by human power alone; and (vi)  a maximum speed of 20 miles per hour on a paved level surface. See Utah Code 41-6a-102 motor vehicle: includes : (A)  an off-highway vehicle as defined under Section 41-22-2; and (B)  a motorboat as defined in Section 73-18-2. See Utah Code 41-6a-501 Negligence: means simple negligence, the failure to exercise that degree of care that an ordinarily reasonable and prudent person exercises under like or similar circumstances. See Utah Code 41-6a-501 Newly discovered material evidence: means evidence that was not available to the petitioner at trial or during the resolution on the merits by the trial court of any motion to withdraw a guilty plea or motion for new trial and which is relevant to the determination of the issue of factual innocence, and may also include:Utah Code 78B-9-401.5 Newly discovered material evidence: means the same as that term is defined in Section 78B-9-401. See Utah Code 78B-9-502 Nonparty participant: means a person, other than a party or mediator, that participates in a mediation. See Utah Code 78B-10-102 Novice learner driver: means an individual who: (i)  has applied for a Utah driver license; (ii)  has not previously held a driver license in this state or another state; and (iii)  has not completed the requirements for issuance of a Utah driver license. See Utah Code 41-6a-501 Off-highway vehicle: means the same as that term is defined under Section 41-22-2. See Utah Code 41-6a-102 Operate: means the same as that term is defined in Section 41-1a-102. See Utah Code 41-6a-102 Operator: means : (a)  a human driver, as defined in Section 41-26-102. See Utah Code 41-6a-102 Oral argument: An opportunity for lawyers to summarize their position before the court and also to answer the judges' questions. Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses. 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 Peace officer: means the same as that term is defined in Section 53-1-102. See Utah Code 78B-8-401 Period of incarceration: means any sentence of imprisonment, including jail, which was served after judgement of conviction. See Utah Code 78B-9-401.5 Person: means an individual, corporation, estate, trust, business trust, partnership, limited liability company, association, joint venture, government, governmental subdivision, agency, or instrumentality, public corporation, or any other legal or commercial entity. See Utah Code 78B-10-102 Person: means :Utah Code 68-3-12.5 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 Petitioner: means an individual petitioning for expungement of a civil order under this part. See Utah Code 78B-7-1001 Petitioning prosecutor: means the prosecutor who files a civil petition seeking relief under this part. See Utah Code 78B-9-502 Plaintiff: The person who files the complaint in a civil lawsuit. 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. Precedent: A court decision in an earlier case with facts and law similar to a dispute currently before a court. Precedent will ordinarily govern the decision of a later similar case, unless a party can show that it was wrongly decided or that it differed in some significant way. Prisoner: means the same as that term is defined in Section 76-5-101. See Utah Code 78B-8-401 Pro se: A Latin term meaning "on one's own behalf"; in courts, it refers to persons who present their own cases without lawyers. Probable cause: A reasonable ground for belief that the offender violated a specific law. Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed. Proceeding: means : (a)  a judicial, administrative, arbitral, or other adjudicative process, including related prehearing and posthearing motions, conferences, and discovery; or (b)  a legislative hearing or similar process. See Utah Code 78B-10-102 Process: means a writ or summons issued in the course of a judicial proceeding. See Utah Code 68-3-12.5 Property: includes both real and personal property. See Utah Code 68-3-12.5 Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government. Prosecution agency: means a county attorney, district attorney, the Office of the Attorney General, or other prosecution agency. See Utah Code 78B-9-502 Prospective defendant: means a person that is an owner, lessor, or operator of a public accommodation, or a designated agent of the owner, lessor, or operator for service of process. See Utah Code 78B-8-701 Prospective plaintiff: means an individual with a disability who may bring a cause of action under the Americans with Disabilities Act, 42 U. See Utah Code 78B-8-701 Protective order: means : (a)  a child protective order; or (b)  an ex parte child protective order. See Utah Code 78B-7-201 Protective order: means : (a)  a workplace violence protective order; or (b)  an ex parte workplace violence protective order. See Utah Code 78B-7-1101 Public accommodation: means the same as that term is defined in 42 U. See Utah Code 78B-8-701 Record: means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form. See Utah Code 78B-10-102 Remainder: An interest in property that takes effect in the future at a specified time or after the occurrence of some event, such as the death of a life tenant. Rescission: The cancellation of budget authority previously provided by Congress. The Impoundment Control Act of 1974 specifies that the President may propose to Congress that funds be rescinded. If both Houses have not approved a rescission proposal (by passing legislation) within 45 days of continuous session, any funds being withheld must be made available for obligation. Respondent: means the individual against whom enforcement of a protective order is sought. See Utah Code 78B-7-102 Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action. Road: includes :Utah Code 68-3-12.5 Screening: means a preliminary appraisal of a person: (i)  used to determine if the person is in need of: (A)  an assessment; or (B)  an educational series; and (ii)  that is approved by the Division of Integrated Healthcare in accordance with Section 26B-5-104. See Utah Code 41-6a-501 Serious bodily injury: means bodily injury that creates or causes: (i)  serious permanent disfigurement; (ii)  protracted loss or impairment of the function of any bodily member or organ; or (iii)  a substantial risk of death. See Utah Code 41-6a-501 Service of process: The service of writs or summonses to the appropriate party. Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims. Small business: means a commercial or business entity, including a sole proprietorship, which does not have more than 250 employees, but does not include an entity which is a subsidiary or affiliate of another entity which is not a small business. See Utah Code 78B-8-503 Stalking: means the same as that term is defined in Section 76-5-106. See Utah Code 78B-7-102 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 State: means any department, board, institution, hospital, college, or university of the state of Utah or any political subdivision thereof, except with respect to actions brought under 31. See Utah Code 78B-8-503 Statute: A law passed by a legislature. Statute of limitations: A law that sets the time within which parties must take action to enforce their rights. Subpoena: A command to a witness to appear and give testimony. Substance abuse treatment: means treatment obtained at a substance abuse program that is approved by the Division of Integrated Healthcare in accordance with Section 26B-5-104. See Utah Code 41-6a-501 Substance abuse treatment program: means a state licensed substance abuse program. See Utah Code 41-6a-501 Summons: Another word for subpoena used by the criminal justice system. Testimony: Evidence presented orally by witnesses during trials or before grand juries. 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 Trailer: means a vehicle with or without motive power designed for carrying persons or property and for being drawn by a motor vehicle and constructed so that no part of its weight rests upon the towing vehicle. See Utah Code 41-6a-102 Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence. United States: includes each state, district, and territory of the United States of America. See Utah Code 68-3-12.5 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 Verdict: The decision of a petit jury or a judge. Workplace violence: means knowingly causing or threatening to cause bodily injury to, or significant damage to the property of, a person, if: (a)  the person is: (i)  an employer; or (ii)  an employee performing the employee's duties as an employee; and (b)  (i)  the action would cause a reasonable person to feel terrorized, frightened, intimidated, or harassed; or (ii)  the threat: (A)  would cause a reasonable person to fear that the threat will be carried out; and (B)  if carried out, would cause a reasonable person to feel terrorized, frightened, intimidated, or harassed. See Utah Code 78B-7-1101 Workplace violence protective order: means an order issued under this part after a hearing on the petition, of which the petitioner and respondent have been given notice. See Utah Code 78B-7-1101 Writ: A formal written command, issued from the court, requiring the performance of a specific act. Writ: means an order or precept in writing, issued in the name of:Utah Code 68-3-12.5 Writ of certiorari: An order issued by the Supreme Court directing the lower court to transmit records for a case for which it will hear on appeal. Writing: includes :Utah Code 68-3-12.5