§ 41-6a-202 — Violations of chapter -- Penalties -- Acceptance of plea of guilty.

Utah § 41-6a-202

• Jurisdiction: Utah
• Title 41: Motor Vehicles
• Ch. 41-6a: Traffic Code
• Part 41-6a-2: Applicability and Obedience to Traffic Laws

Text

(1) As used in this section, "serious bodily injury" is as defined in Section 41-6a-401.3.
(2) A violation of any provision of this chapter is an infraction, unless otherwise provided.
(3) A violation of any provision of Part 2, Applicability and Obedience to Traffic Laws, Part 11, Bicycles and Other Vehicles, Regulation of Operation, Part 17, Miscellaneous Rules, and Part 18, Motor Vehicle Safety Belt Usage Act, of this chapter is an infraction, unless otherwise provided.
(4) (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:
(4)(a)(i) in open court;
(4)(a)(ii) in writing; or
(4)(a)(iii) by another means of communication which the court finds adequate to record the prosecutor's agreement.
(4)(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.
(5) (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.
(5)(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.
(5)(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:
(5)(c)(i) is executed by both the buyer and the seller; and
(5)(c)(ii) indicates that the vehicle was sold on a date before the date of the citation described in Subsection (5)(a).

Legislative History

Amended by Chapter 416, 2023 General Session