2006 Utah Code - 53-3-218 — Court to report convictions and may recommend suspension of license -- Severity of speeding violation defined.

     53-3-218.   Court to report convictions and may recommend suspension of license -- Severity of speeding violation defined.
     (1)  As used in this section, "conviction" means conviction by the court of first impression or final administrative determination in an administrative traffic proceeding.
     (2) (a) A court having jurisdiction over offenses committed under this chapter or any other law of this state, or under any municipal ordinance regulating driving motor vehicles on highways or driving motorboats on the water, shall forward to the division within ten days, an abstract of the court record of the conviction or plea held in abeyance of any person in the court for a reportable traffic or motorboating violation of any laws or ordinances, and may recommend the suspension of the license of the person convicted.
     (b) When the division receives a court record of a conviction or plea in abeyance for a motorboat violation, the division may only take action against a person's driver license if the motorboat violation is for a violation of Title 41, Chapter 6a, Part 5, Driving Under the Influence and Reckless Driving.
     (3) The abstract shall be made in the form prescribed by the division and shall include:
     (a) the name, date of birth, and address of the party charged;
     (b) the license certificate number of the party charged, if any;
     (c) the registration number of the motor vehicle or motorboat involved;
     (d) whether the motor vehicle was a commercial motor vehicle;
     (e) whether the motor vehicle carried hazardous materials;
     (f) whether the motor vehicle carried 16 or more occupants;
     (g) whether the driver presented a commercial driver license;
     (h) the nature of the offense;
     (i) whether the offense involved an accident;
     (j) the driver's blood alcohol content, if applicable;
     (k) if the offense involved a speeding violation:
     (i) the posted speed limit;
     (ii) the actual speed; and
     (iii) whether the speeding violation occurred on a highway that is part of the interstate system as defined in Section 72-1-102;
     (l) the date of the hearing;
     (m) the plea;
     (n) the judgment or whether bail was forfeited; and
     (o) the severity of the violation, which shall be graded by the court as "minimum," "intermediate," or "maximum" as established in accordance with Subsection 53-3-221(4).
     (4) When a convicted person secures a judgment of acquittal or reversal in any appellate court after conviction in the court of first impression, the division shall reinstate his license immediately upon receipt of a certified copy of the judgment of acquittal or reversal.

Amended by Chapter 18, 2006 General Session

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