Utah Code 41-6a-531. Access to DUI investigative reports
Current as of: 2024 | Check for updates
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(1) As used in this section:
Terms Used In Utah Code 41-6a-531
- Law enforcement agency: means the same as that term is as defined in Section
53-1-102 . See Utah Code 41-6a-102 - Peace officer: means a peace officer authorized under Title 53, Chapter 13, Peace Officer Classifications, to direct or regulate traffic or to make arrests for violations of traffic laws. See Utah Code 41-6a-102
- Person: means a natural person, firm, copartnership, association, corporation, business trust, estate, trust, partnership, limited liability company, association, joint venture, governmental agency, public corporation, or any other legal or commercial entity. See Utah Code 41-6a-102
(1)(a) “Agent” means a person‘s attorney that has been formally engaged.
(1)(b) “DUI investigative report” means all materials that a peace officer gathers as part of investigating an offense described in Subsection 41-6a-501 including:
(1)(b)(i) the identity of witnesses and, if known, contact information;
(1)(b)(ii) witness statements;
(1)(b)(iii) photographs and videotapes;
(1)(b)(iv) diagrams;
(1)(b)(v) field notes;
(1)(b)(vi) test results; and
(1)(b)(vii) any Targeted Responsibility for Alcohol Connected Emergencies investigation report.
(2)
(2)(a) Upon request, a law enforcement agency shall disclose an unredacted DUI investigative report to:
(2)(a)(i) a person who suffers loss or injury related to the person’s actions that gave rise to the investigation; or
(2)(a)(ii) an agent, parent, or legal guardian of the person described in Subsection (2)(a)(i).
(2)(b) A law enforcement agency responding to a request under Subsection (2)(a) may:
(2)(b)(i) withhold a portion of the DUI investigative report if disclosure would materially prejudice an ongoing criminal investigation or criminal prosecution;
(2)(b)(ii) redact or withhold any privileged information;
(2)(b)(iii) redact an individual’s phone number or address, if disclosure of the individual’s phone number or address may endanger an individual’s physical safety; or
(2)(b)(iv) provide the DUI investigative report subject to an agreement that limits the recipient’s use of the DUI investigative report to use solely for the purpose of pursuing a civil claim related to the incident.
(3) A law enforcement agency may charge a reasonable fee to cover the cost incurred by disclosing a DUI investigative report in accordance with this section.