There is a newer version
of
this Section
2022 Utah Code
Title 77 - Utah Code of Criminal Procedure
Chapter 2 - Prosecution, Screening, and Diversion
Section 4.2 - Compromise of traffic charges -- Deferred prosecution of traffic infractions -- Limitations.
Universal Citation: UT Code § 77-2-4.2 (2022)
Effective 10/1/2022
77-2-4.2. Compromise of traffic charges -- Deferred prosecution of traffic infractions -- Limitations.
Amended by Chapter 136, 2022 General Session
77-2-4.2. Compromise of traffic charges -- Deferred prosecution of traffic infractions -- Limitations.
- (1) As used in this section:
- (a) "Compromise" means referral of an individual charged with a traffic violation to traffic school or other school, class, or remedial or rehabilitative program.
- (b) "Deferral period" means the 12-month period following the date on which an individual submits an application for deferred prosecution.
- (c) "Deferred prosecution" means the deferral of prosecution of an individual charged with a traffic infraction if the individual complies with the requirements described in Subsection (5).
- (d) "Felony traffic violation" means a violation of Title 41, Chapter 6a, Traffic Code, amounting to a felony.
- (e) "Moving traffic infraction" means a traffic infraction that occurs when a vehicle is in motion on a highway.
- (f)
- (i) "Traffic infraction" means a violation of Title 41, Chapter 6a, Traffic Code, or a local traffic ordinance that is an infraction.
- (ii) "Traffic infraction" does not include an offense that is a misdemeanor or a felony.
- (g) "Traffic violation" means any charge for which a fine may be voluntarily remitted in lieu of appearance, by citation or information, of a violation of:
- (i)Title 41, Chapter 6a, Traffic Code, amounting to:
- (A) a class B misdemeanor;
- (B) a class C misdemeanor; or
- (C) an infraction; or
- (ii) any local traffic ordinance.
- (i)Title 41, Chapter 6a, Traffic Code, amounting to:
- (2) Any compromise of a traffic violation shall be done pursuant to a plea in abeyance agreement as provided in Title 77, Chapter 2a, Pleas in Abeyance, and Subsection (3), except:
- (a) when the criminal prosecution is dismissed pursuant to Section 77-2-4;
- (b) when there is a plea by the defendant to and entry of a judgment by a court for the offense originally charged or for an amended charge; or
- (c) when there is a deferred plea of no contest as provided in Subsection (5).
- (3) In all cases which are compromised pursuant to a plea in abeyance:
- (a) the court, taking into consideration the offense charged, shall collect a plea in abeyance fee which shall:
- (i) be subject to the same surcharge as if imposed on a criminal fine;
- (ii) be allocated subject to the surcharge as if paid as a criminal fine under Section 78A-5-110 and a surcharge under Title 51, Chapter 9, Part 4, Criminal Conviction Surcharge Allocation; and
- (iii) be not more than $25 greater than the fine designated in the Uniform Fine Schedule; or
- (b) if no plea in abeyance fee is collected, a surcharge on the fee charged for the traffic school or other school, class, or rehabilitative program shall be collected, which surcharge shall:
- (i) be computed, assessed, collected, and remitted in the same manner as if the traffic school fee and surcharge had been imposed as a criminal fine and surcharge; and
- (ii) be subject to the financial requirements contained in Title 51, Chapter 9, Part 4, Criminal Conviction Surcharge Allocation.
- (a) the court, taking into consideration the offense charged, shall collect a plea in abeyance fee which shall:
- (4) If a written plea in abeyance agreement is provided, or the defendant requests a written accounting, an itemized statement of all amounts assessed by the court shall be provided, including:
- (a) the Uniform Fine Schedule amount;
- (b) the amount of any surcharges being assessed; and
- (c) the amount of the plea in abeyance fee.
- (5)
- (a)
- (i) Except as provided in Subsection (5)(b), an individual who receives a citation for a moving traffic infraction may apply for deferred prosecution.
- (ii) A court may not require an individual to appear in-person to apply for a deferred prosecution in accordance with this Subsection (5).
- (b) The following may not apply for or be granted a deferred prosecution as described in this section:
- (i) an individual under 21 years old;
- (ii) an individual with a commercial driver license;
- (iii) an individual who has not been issued a current Utah driver license;
- (iv) an individual who has been convicted of a felony traffic violation, traffic violation, or traffic infraction within the 24 months immediately preceding the date of the application for deferred prosecution;
- (v) an individual charged with two or more moving traffic infractions related to the same episode or occurrence;
- (vi) an individual charged with multiple traffic infractions related to the same episode or occurrence if any of the offenses is a misdemeanor or felony traffic violation;
- (vii) an individual charged with one or more traffic infractions if none of the traffic infractions are moving traffic violations;
- (viii) any traffic infraction or traffic violation that is part of an episode or occurrence involving a traffic accident;
- (ix) a moving traffic violation that is for speeding 20 miles per hour or more above the posted speed limit;
- (x) a moving violation that is for speeding at a speed of 100 miles per hour or more; or
- (xi) an individual who is currently within a deferral period related to a separate episode or occurrence.
- (c) An individual who applies for deferred prosecution shall:
- (i) apply through an online application process developed by the Administrative Office of the Courts;
- (ii) pay the relevant fine, as provided by the uniform fine schedule described in Section 76-3-301.5, associated with each traffic infraction for which the individual was charged;
- (iii) pay an administrative fee as established by the judicial council; and
- (iv) enter a deferred plea of no contest as described in Subsection (5)(e).
- (d) An individual who receives a traffic citation shall:
- (i) comply with Section 77-7-19; or
- (ii) apply for deferred prosecution as described in Subsection (5)(c) no sooner than five and no later than 21 days after receiving the citation.
- (e) If an eligible individual applies for deferred prosecution, the court shall:
- (i) record the deferred plea of no contest;
- (ii) not enter the deferred plea of no contest unless the individual fails to comply with the terms of the deferred prosecution; and
- (iii) if the individual fails to comply with the terms of the deferred prosecution, enter a judgment of conviction as described in Subsection (5)(f)(ii).
- (f)
- (i) Except as provided in Subsection (5)(f)(ii), if an individual enters a deferred plea of no contest as described in Subsection (5)(c)(iv) and is not convicted of another traffic violation, felony traffic violation, or traffic infraction during the deferral period:
- (A) the prosecutor may not prosecute the individual for the traffic infraction subject to the deferred prosecution;
- (B) the court may not enter judgment of conviction against the individual or impose a sentence for the traffic infraction; and
- (C) the court shall dismiss each traffic infraction to which the individual entered a deferred plea of no contest.
- (ii) If an individual enters a deferred plea of no contest as described in Subsection (5)(c)(iv) and is convicted of another a traffic violation within the deferral period, the court shall enter judgment of conviction against the individual for each traffic infraction to which the individual entered a deferred plea of no contest.
- (i) Except as provided in Subsection (5)(f)(ii), if an individual enters a deferred plea of no contest as described in Subsection (5)(c)(iv) and is not convicted of another traffic violation, felony traffic violation, or traffic infraction during the deferral period:
- (g)
- (i) A prosecutor may not amend a charge from an infraction to a misdemeanor:
- (A) if the infraction offense has the same elements as the misdemeanor offense; or
- (B) for the sole purpose of prohibiting an individual from applying for deferred prosecution.
- (ii) A deferred prosecution is not a prosecution for purposes of Section 76-1-403.
- (i) A prosecutor may not amend a charge from an infraction to a misdemeanor:
- (h)
- (i) The judicial council shall set and periodically adjust the fee described in Subsection (5)(c)(iii) in an amount that the judicial council determines to be necessary to cover the cost to implement, operate, and maintain the deferred prosecution program described in this Subsection (5).
- (ii) The state treasurer shall deposit the revenue generated from the administrative fee described in Subsection (5)(c)(iii) into the Justice Court Technology, Security, and Training Account created in Section 78A-7-301.
- (a)
Amended by Chapter 136, 2022 General Session
Disclaimer: These codes may not be the most recent version. Utah may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
This site is protected by reCAPTCHA and the Google
Privacy Policy and
Terms of Service apply.
