Utah § 41-6a-513 Acceptance of plea of guilty to DUI -- Restrictions -- Verification of prior violations -- Prosecutor to examine defendant's record.

Utah Statutes

§ 41-6a-513 — Acceptance of plea of guilty to DUI -- Restrictions -- Verification of prior violations -- Prosecutor to examine defendant's record.

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

(1)An entry of a plea of guilty or no contest to a criminal charge under Section 41-6a-502 is invalid unless the prosecutor agrees to the plea:

(1)(a) in open court;

(1)(b) in writing; or

(1)(c) by another means of communication which the court finds adequate to record the prosecutor's agreement.

(2)(2)(a) Prior to agreeing to a plea of guilty or no contest under Subsection (1), the prosecutor shall examine the criminal history or driver license record of the defendant to determine if the defendant's record contains a conviction, arrest, or charge for:

(2)(a)(i) more than one prior violation within the previous 10 years of any offense that, if the defendant were convicted, would qualify as a conviction as defined in Subsection 41-6a-501(2);

(2)(a)(ii) a felony violation of:

(2)(a)(ii)(

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(1) An entry of a plea of guilty or no contest to a criminal charge under Section 41-6a-502 is invalid unless the prosecutor agrees to the plea:

(1)(a) in open court;
(1)(b) in writing; or
(1)(c) by another means of communication which the court finds adequate to record the prosecutor's agreement.
(2) (2)(a) Prior to agreeing to a plea of guilty or no contest under Subsection (1), the prosecutor shall examine the criminal history or driver license record of the defendant to determine if the defendant's record contains a conviction, arrest, or charge for:
(2)(a)(i) more than one prior violation within the previous 10 years of any offense that, if the defendant were convicted, would qualify as a conviction as defined in Subsection 41-6a-501(2);
(2)(a)(ii) a felony violation of:

(2)(a)(ii)(A) Section 41-6a-502; or
(2)(a)(ii)(B) Section 76-5-102.1; or
(2)(a)(iii) a violation of Section 76-5-207.
(2)(b) If the defendant's record contains a conviction or unresolved arrest or charge for an offense listed in Subsection (2)(a), a plea may only be accepted if:
(2)(b)(i) approved by:

(2)(b)(i)(A) a district attorney;
(2)(b)(i)(B) a deputy district attorney;
(2)(b)(i)(C) a county attorney;
(2)(b)(i)(D) a deputy county attorney;
(2)(b)(i)(E) the attorney general; or
(2)(b)(i)(F) an assistant attorney general; and
(2)(b)(ii) the attorney giving approval under Subsection (2)(b)(i) has felony jurisdiction over the case.

Utah § 41-6a-513 (Acceptance of plea of guilty to DUI -- Restrictions -- Verification of prior violations -- Prosecutor to examine defendant's record.) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.