Utah Traffic Violations

Understanding traffic laws and violations in Utah is essential for maintaining road safety and smooth vehicle operation. The regulations, enforced by the Driver License Division (DLD) of the Department of Public Safety (DPS) and various law enforcement agencies, are designed to protect motorists, pedestrians, and property. At the same time, the Justice Courts handle the adjudication of traffic violations.

Familiarity with these laws helps drivers avoid infractions and their associated consequences, including fines, points on a driving record, and increased insurance premiums. Excessive points may lead to the suspension or revocation of driving privileges.

Moreover, Utah's diverse driving conditions, including mountain passes, winter storms, and areas prone to flash flooding, further emphasize the need for careful driving and adherence to the Utah Traffic Code, which will help mitigate accidents in the state.

What Are the Major Traffic Violations in Utah?

In Utah, traffic violations refer to offenses related to driving or the use of roads. These offenses are generally categorized as moving or non-moving violations. Depending on the severity of the offense, it can be further classified as traffic felonies, misdemeanors, and infractions.

Moving Violations

Moving violations in Utah occur while a vehicle is in motion and are generally considered more severe due to the increased risk of accidents. Moving violations in the state include:

  • Running red lights or stop signs
  • Improper lane changes or failure to signal
  • Driving too slowly or impeding traffic by driving below the minimum speed limit

Non-Moving Violations

Meanwhile, non-moving violations in Utah typically occur when a vehicle is stationary, usually less severe, and often result in fines but usually don't add points to a driver's record. Examples include:

  • Illegal parking, such as in handicapped zones, without proper authorization
  • Expired vehicle registration
  • Equipment violations (e.g., broken tail lights)

Utah Felony Traffic Violations

Felony traffic violations in Utah represent the most severe traffic offenses, often involving significant harm or injury to others. These violations can have serious consequences, including lengthy prison sentences and substantial fines.

Notable examples of Utah felony traffic violations include:

  • Automobile homicide (causing death while driving under the influence)
  • Fleeing from law enforcement resulting in death or serious bodily injury
  • Repeat offenses of certain serious traffic violations

Felonies are classified into different degrees, with first-degree being the most serious. According to Utah Code Section 76-3-301, the fine schedule for felony offenses in Utah is as follows:

  • First-degree felony: up to $10,000
  • Second-degree felony: up to $10,000
  • Third-degree felony: up to $5,000

Meanwhile, the prison sentences per Utah Code Section 76-3-203 are as follows:

  • First-degree felony: five years to life
  • Second-degree felony: 1 to 15 years
  • Third-degree felony: 0 to 5 years

Utah Traffic Misdemeanors

Traffic violations under the misdemeanor category in Utah are less severe than felonies but can still result in significant penalties. These can include fines, jail time, and other consequences. Here are some examples of Utah traffic misdemeanors:

  • Driving with a defective vehicle
  • Texting while driving
  • Racing on highways (also known as "Speed Contests")

Misdemeanors traffic offenses are classified into three categories: Class A, B, and C, with Class A being the most serious. According to the state's law, the maximum fines for these are as follows:

  • Class A misdemeanor: up to $2,500
  • Class B misdemeanor: up to $1,000
  • Class C misdemeanor: up to $750

In the meantime, the jail time for traffic misdemeanors according to Utah Code Section 76-3-204 is as follows:

  • Class A misdemeanor: up to 364 days
  • Class B misdemeanor: up to six months
  • Class C misdemeanor: up to 90 days

Utah Traffic Infractions

In Utah, traffic infractions are categorized into two main classes: Class C and Class B. While these violations are considered criminal offenses, they are less severe than misdemeanors or felonies.

Class C infractions include minor offenses such as driving slightly over the speed limit, operating a vehicle with an expired registration, or failing to signal. More serious Class B infractions encompass offenses like hit-and-run accidents or driving under the influence (DUI).

The state's legal system prescribes various penalties for infractions, which may include fines up to $750, forfeiture of property, mandated compensatory service, or disqualification from certain privileges. Often, a combination of these punishments is applied, tailored to the specific offense and circumstances.

Suspended License Violations

In Utah, driving with a suspended license is considered a severe offense, as outlined in Utah Code Section 53-3-221. If a driver is caught operating a vehicle with a suspended license, they will face a Class C misdemeanor charge. This offense can result in fines and up to 90 days in jail.

For individuals who repeatedly drive with a suspended license, the penalties become more severe. They may face extended periods of license suspension, higher fines, and potential vehicle impoundment.

Speeding Violations

According to Utah Code Section 41-6a-601, speeding is defined as driving faster than what is reasonable and safe given the current conditions. This means drivers must always consider factors such as:

  • Intersections and railroad crossings
  • Curves and hill crests
  • Narrow or winding roads
  • Pedestrians, traffic, weather, and road conditions

Unless otherwise posted, the general speed limits that drivers should follow are:

  • 20 mph in school zones
  • 25 mph in urban areas
  • 55 mph in other areas

Note that speed limits may be adjusted based on road signs or conditions. Even if a driver is traveling at or below the posted limit, they can still be cited if the speed is deemed unsafe for the conditions. Additionally, when emergencies occur, the governor has the authority to change speed limits statewide.

Meanwhile, the penalties for speeding vary depending on how much the driver exceeds the limit. Those driving at 100 mph or more may face a fine that is at least 150% of the standard amount.

Hit-and-Run Accidents

Hit-and-run accidents are classified as significant traffic violations. Under Utah Code Section 41-6a-401, drivers are required to stop and stay at the scene of an accident. If an individual leaves the scene after only causing property damage, it is a Class A misdemeanor. This can result in up to one year in jail and fines up to $2,500.

If the accident causes injury or death, the charge becomes a third-degree felony, with penalties of up to five years in prison and fines up to $5,000.

Utah DUI Laws

DUI is considered a major traffic violation in Utah. Hence, the state enforces some of the strictest DUI laws in the U.S. under the Alcohol-Restricted Driver Information (ARD) framework. Key aspects of these laws include:

Blood Alcohol Concentration (BAC) Limit

Utah has implemented one of the strictest BAC limits in the nation, reducing it to 0.05% on December 30, 2018. This change reflects the state's dedication to minimizing alcohol-related traffic incidents and improving road safety.

For drivers, this means they must be particularly cautious, as the lower BAC threshold increases the likelihood of legal consequences for impaired driving. Although less severe than a full DUI charge, this offense still carries substantial penalties and can significantly affect a driver's record.

Ignition Interlock Restriction Information (IID)

Individuals convicted of DUI must install an IID in their vehicle. This device prevents the car from starting if the driver's breath alcohol concentration exceeds a predetermined limit. The IID requirement lasts for three years for drivers under 21, while it is required for 18 months for those 21 and older.

Failure to comply with IID regulations or detect a BAC above the set limit can lead to additional citations and penalties.

DUI with Serious Bodily Injury

When a DUI results in severe bodily injury to another person, it is classified as a third-degree felony. This serious charge can lead to a potential sentence of up to five years in prison and a fine of $5,000. The severity of this offense reflects its potential impact on victims and the legal system.

Implied Consent and Metabolite DUI

Utah operates under an implied consent law, meaning that refusing a chemical test for DUI can result in an automatic license suspension of 18 months for a first refusal.

Additionally, the state has specific rules regarding metabolite DUI. A person can be charged with DUI if any measurable amount of controlled substance metabolites are present in their system, even if they are not visibly impaired.

How Does Utah's DPS Point System Work?

Utah's DPS operates a points system to track and penalize traffic violations. Points are assigned to a driver's record based on the severity of the offense, with more severe violations carrying higher point values.

Here is a list of the point values assigned to some traffic violations in the state:

  • Careless Driving: 50 points
  • Failure to Yield Right-of-Way: 60 points
  • Following Too Close: 60 points
  • Reckless Driving: 80 points
  • Impeding Traffic: 50 points
  • Improper Lookout: 50 points
  • Improper Passing: 50 points
  • Improper Turn: 50 points
  • Negligent Collision: 50 points
  • Red Light Violation: 50 points
  • Speeding
    • Over 1-10 mph: 35 points
    • Over 11-20 mph: 55 points
    • Over 21 mph: 75 points
  • Stop Sign Violation: 50 points
  • Texting While Driving: 50 points
  • Wrong Way on a One-Way Street: 60 points
  • Other Moving Violations: 40 points

Penalties For Accumulating Points in Utah Driving Records

In Utah, the point system for driving records differs based on age. Drivers aged 20 and under, considered minors or provisional licensees, face more stringent consequences.

If they accumulate 70 or more points within a three-year period, they risk license suspension or denial lasting anywhere from one month to a full year. The duration depends on the severity of their violations or infractions.

For adult drivers, aged 21 and over, the threshold is higher. They may face suspension if they amass 200 or more points in three years. Adult suspensions range from three months to a year, again based on the seriousness of their driving record.

Clearing Points in Utah Driving Records

In Utah, drivers accrue points for traffic violations, which remain active for three years from the offense date. Points are automatically removed after this period, but drivers can reduce them by maintaining a clean record for two years or completing a defensive driving course, which can remove 50 points and can be used once every three years.

Additionally, maintaining a clean record for one year can reduce points by half. Note that clearing points does not equate to expunging the driving record, which involves a separate legal process.

Expunging Utah Driving Records

Expunging a driving record in Utah requires several steps. First, drivers must determine their eligibility by obtaining a Certificate of Eligibility from the Utah Bureau of Criminal Identification (BCI), which usually takes one to three months.

Once eligible, individuals should file a Petition to Expunge Records and any required forms with the original court and provide it to the prosecutor. The process may vary based on the prosecutor's response and court proceedings.

Requesting Utah Driving Records

Those interested in requesting their driving records can do so by visiting the Utah DPS or DLD official website. Individuals can also access records online through "Motor Vehicle Records (MVR) Personal," provided by Utah.gov. Note that obtaining a record may incur a fee.

What Is the Process for Handling Traffic Tickets in Utah?

In Utah, individuals have several options to respond when receiving a traffic ticket, including paying the fine, contesting the ticket, or requesting a "Plea in Abeyance," each with its procedures and potential outcomes.

Paying the Fine

For minor infractions, such as parking violations, a court appearance is not required. These can typically be resolved by paying the fine online or mailing the bail amount to the court listed on the citation.

Additionally, many courts offer in-person payments. During office hours, individuals can visit the local traffic violations bureau or courthouse to pay using debit or credit cards, checks, money orders, or cash.

Contesting the Ticket

If individuals choose to contest the ticket, they must appear in court, enter a "not guilty" plea, and may either negotiate with the prosecutor or proceed to a trial. The potential outcomes of contesting a ticket include:

Requesting a Plea in Abeyance

Additionally, requesting a "Plea in Abeyance" allows individuals to plead guilty or no contest while agreeing to certain conditions, such as completing a defensive driving course. If these conditions are met, the charge may be dismissed.

Appeals

If the individuals are dissatisfied with the justice court's decision, they have the option to appeal to the district court, where the case will be retried in its entirety, known as a "de novo" trial.

To initiate this process, individuals should prioritize filing a Notice of Appeal form with the justice court within 28 days of the court's order or judgment, as outlined in Utah Code Section 78A-7-118.

For more detailed guidance, individuals can access the process for appealing a justice court decision in Utah Rule of Criminal Procedure 38.

How Are Accident Reports Handled in Utah?

According to Utah Code Section 41-6a-401, accident reports must be filed within ten days if the accident results in injury, death, or property damage exceeding $2,500.

Individuals involved in the accident must notify local authorities immediately: the local police department if the accident occurs within a municipality, the office of the county sheriff, or the nearest highway patrol office if it occurs outside a municipality.

Although minor accidents may not require a police report, filing one is advisable, as it may be crucial for insurance claims, medical care, and property damage claims later on.

To complete an accident report in Utah, one must include the following details:

  • Accident location and nearest intersection
  • Date and time of the collision
  • Number of people involved, including drivers, passengers, and pedestrians
  • The extent of injuries, if any
  • Estimated property damage
  • Vehicle information for all involved parties
  • Weather and road conditions at the time of the accident

Additionally, gather information from the other driver(s), such as:

  • Full names and addresses
  • Driver's license numbers
  • Phone numbers
  • License plate numbers
  • Insurance company names and policy numbers

If the accident involves an uninsured driver, it is crucial to gather as much identifying information as possible. This may include:

  • Name and home address
  • Driver's license number
  • Date of birth
  • Social Security number (if available)

Filing an Accident Report in Utah

Individuals can use the electronic reporting system called DI-9 to file their reports. This form can be completed online through the Utah DPS website.

If unable to file online, they can obtain a paper form from any local DMV office or most law enforcement agencies, and the completed form should be mailed to:

Utah DPS

Driver License Division

P.O. Box 144501

Salt Lake City, UT 84114-4501

How To Get a Copy of a Crash Report in Utah?

In Utah, obtaining a copy of a crash report is primarily done through two methods. The most convenient option is accessing the Utah DPS Online Crash Report Database, where reports are typically available within seven to ten business days after the accident for a fee of about $15.

Alternatively, individuals needing the report urgently can contact the investigating law enforcement agency directly. This method, which may involve an in-person visit or written request, ensures the documents are official, unlike those downloaded from the state's DPS website.

What Should Drivers Know about Traffic-Related Arrests in Utah?

In Utah, drivers should be aware that serious traffic offenses like DUI or hit-and-run can result in arrest. When arrested, individuals are informed of their Miranda rights, including the right to remain silent and to seek legal counsel. It is crucial for those arrested to exercise these rights and avoid self-incrimination.

Following an arrest, individuals may be taken to a police station for booking and may need to post bail. Seeking legal counsel promptly is advisable to navigate the complex legal process and protect one's rights. Drivers should also consult the Utah State Courts website for more detailed information on legal resources, including the Finding Legal Help page and relevant procedures.

For more details or questions about particular situations, refer to the Utah Driver Handbook or consult a local traffic attorney.