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2020 Utah Code
Title 41 - Motor Vehicles
Chapter 6a - Traffic Code
Part 5 - Driving Under the Influence and Reckless Driving
Section 513 - Acceptance of plea of guilty to DUI -- Restrictions -- Verification of prior violations -- Prosecutor to examine defendant's record.
Universal Citation: UT Code § 41-6a-513 (2020)
Effective 5/12/2020
41-6a-513. Acceptance of plea of guilty to DUI -- Restrictions -- Verification of prior violations -- Prosecutor to examine defendant's record.
Amended by Chapter 70, 2020 General Session
41-6a-513. Acceptance of plea of guilty to DUI -- Restrictions -- Verification of prior violations -- Prosecutor to examine defendant's record.
- (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:
- (a) in open court;
- (b) in writing; or
- (c) by another means of communication which the court finds adequate to record the prosecutor's agreement.
- (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:
- (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);
- (ii) a felony violation of Section 41-6a-502; or
- (iii) automobile homicide under Section 76-5-207.
- (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:
- (i) approved by:
- (A) a district attorney;
- (B) a deputy district attorney;
- (C) a county attorney;
- (D) a deputy county attorney;
- (E) the attorney general; or
- (F) an assistant attorney general; and
- (ii) the attorney giving approval under Subsection (2)(b)(i) has felony jurisdiction over the case.
- (i) approved by:
- (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:
Amended by Chapter 70, 2020 General Session
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