Traffic Offenses

 

General

Traffic tickets - also called citations - are used for minor violations of traffic law such as speeding, running a stop sign, and parking violations. Citations are issued by the Utah Highway Patrol, county sheriffs' offices, and municipal police departments.

A citation lists your name and address, your driver's license number, and your violation. A citation also lists:

• the name and location of the court that will decide your case
• the deadline you have to pay the fine or when you have to go to court
• what you must to do respond to the ticket

Your citation should tell you the statute or code number of the violation you are being charged with. If you were cited under state law, you can look at the Utah Code online. The law library website describes how to find Utah city and county codes online. Traffic tickets can impact your driver's license and your insurance rates.

Deferred Traffic Prosecution

If your ticket only involves a moving violation under Utah Code Title 41, Chapter 6a and you received it no more than 21 days ago, you might be eligible for Deferred Traffic Prosecution - visit our webpage to learn more and to see if you qualify. 

Classification of Offenses

Most traffic offenses are classified as infractions (no imprisonment and fines up to $750) or class C misdemeanors, (maximum imprisonment of 90 days and fines up to $750). Some traffic offenses, such as drunk driving, are classified as more serious offenses which have the possibility of longer terms of imprisonment and higher fines.

 

Fines

The Uniform Fine Schedule and the Bail Schedule for Justice Courts provide information about the fine for each offense. This is what the judge uses to determine the fine for the offense.

 

Court Appearances

The Uniform Fine Schedule specifies which offenses require you to come to court.

Most infractions - such as parking violations - do not require you to appear in court, and can be handled by paying the fine online, or by mailing the bail amount to the court listed on the citation. If you are paying the fine online, you will need to know your citation number or your court case number. Not all courts use the online ePayment system. If your case is in one of those courts, contact them to discuss payment options.

 

Disputing Your Traffic Citation

Generally speaking, if you choose to dispute your traffic citation rather than just paying the fine, you must appear in court and enter a plea of "not guilty." After you enter your plea, you can try to negotiate with the prosecuting attorney. If you are unable to reach an agreement, a trial will be scheduled. The trial is your chance to tell your side of the story to the judge or a jury. The judge will also hear testimony from the officer who issued the citation, and any witnesses you or the prosecutor may call to testify.

Your citation will tell you the deadline for paying the fine, or the date you have to come to court if you want to dispute the citation. Do not ignore the date. If you do not pay the fine before that date or come to court on that date, the court can issue a warrant for your arrest and can suspend your driver's license. Be sure to contact the court if you need to reschedule the court date, or cannot meet the deadline.

Some justice courts have web pages with information about traffic matters. The Utah City and County page on the state's website provides link to local government pages. Look for a link that says something like Justice Court or Municipal Court.

Traffic matters and getting ready for trial can be complicated. Consider talking to an attorney to go over your options.

See our Finding Legal Help page for information about ways to get legal help. One way to talk to an attorney is to visit a free legal clinic. Clinics provide general legal information and give brief legal advice. You might also hire an attorney for just part of your case or to do one particular thing, rather than represent you for the whole case. Legal help is also available at discounted rates for people with modest incomes.

 

Appeals from Justice Court to District Court

An appeal of a justice court decision goes to the district court, and results in a trial or hearing de novo. "De novo" means the matter is tried all over again. A Notice of Appeal in a criminal case must be filed with the justice court within 28 days of the entry of a justice court order or judgment. See Utah Code Section 78A-7-118.

• 1061XX
• Utah Rule of Criminal Procedure 38 and Utah Code Section 78A-7-118 describes the process for appealing a justice court decision in a criminal case.
• Utah Rule of Criminal Procedure 27A governs the process to request a stay of a sentence pending an appeal from justice court to district court in a criminal case.

 

Violations Reported to the Driver License Division

Conviction of some traffic offenses - such as speeding - are reported to the Utah Driver License Division (driverlicense.utah.gov) within ten days of the conviction or payment of the fine. Some non-moving violations, such as lack of registration, are not reported. Chapter 1 of the Uniform Fine Schedule provides information about whether or not a conviction must be reported to the Driver License Division.

Utah shares information about traffic violation convictions with all states and all Canadian provinces.

 

Utah's Point System

The Utah Division of Motor Vehicles (DMV) assigns points for moving traffic violations. The points are based upon the relationship between types of traffic violations and traffic accidents. If you get more than 200 points on your driving record in a three year period, you could have your driving privileges suspended. Drivers under 21 who get more than 70 points face the same penalty. Utah Administrative Rule R708-3 describes the penalties associated with accumulated points.

 

Point Distribution

NOTE: Except for speeding tickets, the judge can vary points up or down by 10%.

SOURCE: Utah Driver Handbook

 

Requesting Your Driving Record

You can request a copy of your driving record from the Driver License Division by completing a form and paying the appropriate fee. More information is available at https://secure.utah.gov/mvr-personal/public/index.html.

 

Clearing Your Driving Record

If you drive one year without being convicted of a moving traffic violation, half of the points on your driving record will be removed. If you drive two years without a moving traffic violation, all of the points on your record will be removed.

You can also remove 50 points from your driving record once in a three year period by attending an approved defensive driving course. Defensive driving courses or traffic safety schools are established or approved by each government and court jurisdiction. Contact the court in the area in which you received the ticket to ask if it has a list of approved programs.

Expunging a record of a traffic case does not clear your driving record.

 

Lost Tickets

If you have lost your ticket, contact the law enforcement agency that issued it. For tickets issued by the Utah Highway Patrol, choose the area on the map where you got the ticket to get information about the local office.

For a city or county citation, visit the Utah City and County page on the state's website for links to local government pages. Look for a link that says something like Police or Sheriff's Department.

 

Utah's Drunk Driving Law

In Utah, you can be charged with drunk driving if:

• You operate a motor vehicle and have a breath or blood alcohol level of .05 or higher.
• You operate a motor vehicle and alcohol, regardless of concentration, or any drug has impaired your ability to safely operate the vehicle.

Utah's Driving Under the Influence laws are found in Utah Code §41-6a-501 through §41-6a-530.

Possible penalties for a first drunk driving conviction can include:

• At least two days in jail
• At least 48 hours of community service
• At least $700 in fines and fees
• At least 90 days suspension of driver's license

See Utah Code §41-6a-503 and §41-6a-509.

A first or second time drunk driving offense can be charged as a class A or B misdemeanor, depending on whether someone was hurt, or if there were minor passengers in the vehicle. See Utah Code §41-6a-503.

After one drunk driving conviction, the classification of the offense becomes more serious, and the penalties become more severe. See Utah Code §41-6a-503, §41-6a-505 and 41-6a-509.

There are two sides to a DUI arrest. The criminal case with the court. And the steps taken by the Utah Driver License Division. It is important to follow the deadlines for each. For example, if you are arrested for DUI you should request a hearing with the Driver License Division within 10 days of the arrest. See the Utah Driver License Division DUI page for more information

If you have been charged with a DUI, talk to an attorney for legal advice.