Utah § 41-6a-512 Factual basis for alcohol or drug-related reckless driving plea.

Utah Statutes

§ 41-6a-512 — Factual basis for alcohol or drug-related reckless driving plea.

Utah·Title 41 Motor Vehicles·Ch. 41-6a Traffic Code·Part 41-6a-5 Driving Under the Influence and Reckless Driving

(1)(1)(a) The prosecution shall state for the record a factual basis for a plea, including whether or not there had been consumption of alcohol, drugs, or a combination of both, by the defendant in connection with the violation when the prosecution agrees to a plea of guilty or no contest to a charge of a violation of the following in satisfaction of, or as a substitute for, an original charge of a violation of Section 41-6a-502 for an offense committed before July 1, 2008:

(1)(a)(i) reckless driving under Section 41-6a-528; or

(1)(a)(ii) an ordinance enacted under Section 41-6a-510.

(1)(b) The statement under Subsection (1)(a) is an offer of proof of the facts that shows whether there was consumption of alcohol, drugs, or a combination of both, by the defendant, in connection with the vi

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(1) (1)(a) The prosecution shall state for the record a factual basis for a plea, including whether or not there had been consumption of alcohol, drugs, or a combination of both, by the defendant in connection with the violation when the prosecution agrees to a plea of guilty or no contest to a charge of a violation of the following in satisfaction of, or as a substitute for, an original charge of a violation of Section 41-6a-502 for an offense committed before July 1, 2008:
(1)(a)(i) reckless driving under Section 41-6a-528; or
(1)(a)(ii) an ordinance enacted under Section 41-6a-510.
(1)(b) The statement under Subsection (1)(a) is an offer of proof of the facts that shows whether there was consumption of alcohol, drugs, or a combination of both, by the defendant, in connection with the violation.
(2) The court shall advise the defendant before accepting the plea offered under this section of the consequences of a violation of Section 41-6a-528.
(3) The court shall notify the Driver License Division of each conviction of Section 41-6a-528 entered under this section.
(4) (4)(a) The provisions in Subsections 41-6a-505(1), (3), (5), and (7) that require a sentencing court to order a convicted person to participate in a screening, an assessment, or an educational series or obtain substance abuse treatment or do a combination of those things, apply to a conviction for a violation of Section 41-6a-528 under Subsection (1).
(4)(b) The court shall render the same order regarding screening, assessment, an educational series, or substance abuse treatment in connection with a first, second, or subsequent conviction under Section 41-6a-528 under Subsection (1), as the court would render in connection with applying respectively, the first, second, or subsequent conviction requirements of Subsections 41-6a-505(1), (3), (5), and (7).

Utah § 41-6a-512 (Factual basis for alcohol or drug-related reckless driving plea.) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.