Utah Code 41-6a-513. Acceptance of plea of guilty to DUI — Restrictions — Verification of prior violations — Prosecutor to examine defendant’s record
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(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:
Terms Used In Utah Code 41-6a-513
- Arrest: Taking physical custody of a person by lawful authority.
- Conviction: A judgement of guilt against a criminal defendant.
- Conviction: means any conviction arising from a separate episode of driving for a violation of:(2)(a)(i) driving under the influence under Section
41-6a-502 ;(2)(a)(ii)(2)(a)(ii)(A) for an offense committed before July 1, 2008, alcohol, any drug, or a combination of both-related reckless driving under Sections41-6a-512 and41-6a-528 ; or(2)(a)(ii)(B) for an offense committed on or after July 1, 2008, impaired driving under SectionUtah Code 41-6a-501 - Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Plea: In a criminal case, the defendant's statement pleading "guilty" or "not guilty" in answer to the charges, a declaration made in open court.
- Writing: includes :
(48)(a) printing;(48)(b) handwriting; and(48)(c) information stored in an electronic or other medium if the information is retrievable in a perceivable format. See Utah Code 68-3-12.5(1)(a) in open court;(1)(b) in writing; or(1)(c) by another means of communication which the court finds adequate to record the prosecutor’s agreement.(2)(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:(2)(a)(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);(2)(a)(ii) a felony violation of:(2)(a)(ii)(A) Section 41-6a-502; or(2)(a)(ii)(B) Section 76-5-102.1; or(2)(a)(iii) a violation of Section 76-5-207.(2)(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:(2)(b)(i) approved by:(2)(b)(i)(A) a district attorney;(2)(b)(i)(B) a deputy district attorney;(2)(b)(i)(C) a county attorney;(2)(b)(i)(D) a deputy county attorney;(2)(b)(i)(E) the attorney general; or(2)(b)(i)(F) an assistant attorney general; and(2)(b)(ii) the attorney giving approval under Subsection (2)(b)(i) has felony jurisdiction over the case.