Terms Used In Utah Code > Title 41 > Chapter 6a > Part 5 - Driving Under the Influence and Reckless Driving

• Adjudicated father: means a man who has been adjudicated by a tribunal to be the father of a child. See Utah Code 78B-15-102
• Adjudicative proceeding: means :
       (2)(a) an action by a board, commission, department, officer, or other administrative unit of the state that determines the legal rights, duties, privileges, immunities, or other legal interests of one or more identifiable persons, including an action to grant, deny, revoke, suspend, modify, annul, withdraw, or amend an authority, right, or license; and
       (2)(b) judicial review of an action described in Subsection (2)(a). See Utah Code 68-3-12.5
• Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
• Allegation: something that someone says happened.
• Alleged father: means a man who alleges himself to be, or is alleged to be, the genetic father or a possible genetic father of a child, but whose paternity has not been determined. See Utah Code 78B-15-102
• Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
• Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
• Application: means a request under the convention by an obligee or obligor, or on behalf of a child, made through a central authority for assistance from another central authority. See Utah Code 78B-14-701.5
• Appraisal: A determination of property value.
• Arrest: Taking physical custody of a person by lawful authority.
• Assessment: means an in-depth clinical interview with a licensed mental health therapist:
            (1)(b)(i) used to determine if a person is in need of:

                 (1)(b)(i)(A) substance abuse treatment that is obtained at a substance abuse program;

                 (1)(b)(i)(B) an educational series; or

                 (1)(b)(i)(C) a combination of Subsections (1)(b)(i)(A) and (B); and
            (1)(b)(ii) that is approved by the Division of Integrated Healthcare in accordance with Section 26B-5-104. See Utah Code 41-6a-501
• Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
• Assisted reproduction: means a method of causing pregnancy other than sexual intercourse. See Utah Code 78B-15-102
• Bicycle: includes an electric assisted bicycle. See Utah Code 41-6a-102
• Birth mother: means the biological mother of a child. See Utah Code 78B-15-102
• Bus: means a motor vehicle:
            (6)(a)(i) designed for carrying more than 15 passengers and used for the transportation of persons; or
            (6)(a)(ii) designed and used for the transportation of persons for compensation. See Utah Code 41-6a-102
• Central authority: means the entity designated by the United States or a foreign country described in Subsection 78B-14-102(5)(d) to perform the functions specified in the convention. See Utah Code 78B-14-701.5
• Child: means an individual, whether over or under the age of majority, who is or is alleged to be owed a duty of support by the individual's parent or who is or is alleged to be the beneficiary of a support order directed to the parent. See Utah Code 78B-14-102
• Child: means an individual of any age whose parentage may be determined under this chapter. See Utah Code 78B-15-102
• Child support order: means a support order for a child, including a child who has attained the age of majority under the law of the issuing state or foreign country. See Utah Code 78B-14-102
• City: includes , depending on population, a metro township as defined in Section 10-3c-102. See Utah Code 68-3-12.5
• Clerk of court: An officer appointed by the court to work with the chief judge in overseeing the court's administration, especially to assist in managing the flow of cases through the court and to maintain court records.
• Commence: means to file the initial pleading seeking an adjudication of parentage in the appropriate tribunal of this state. See Utah Code 78B-15-102
• Commissioner: means the commissioner of the Department of Public Safety. See Utah Code 41-6a-102
• Contract: A legal written agreement that becomes binding when signed.
• Convention: means the convention on the International Recovery of Child Support and Other Forms of Family Maintenance, concluded at The Hague on November 23, 2007. See Utah Code 78B-14-102
• Convention support order: means a support order of a tribunal of a foreign country described in Subsection 78B-14-102(5)(d). See Utah Code 78B-14-701.5
• 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 Sections 41-6a-512 and 41-6a-528; or

                 (2)(a)(ii)(B) for an offense committed on or after July 1, 2008, impaired driving under Section Utah Code 41-6a-501
• Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
• Declarant father: means a male who, along with the biological mother claims to be the genetic father of a child, and signs a voluntary declaration of paternity to establish the man's paternity. See Utah Code 78B-15-102
• Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
• Department: means the Department of Public Safety. See Utah Code 41-6a-102
• Dependent: A person dependent for support upon another.
• Deposition: An oral statement made before an officer authorized by law to administer oaths. Such statements are often taken to examine potential witnesses, to obtain discovery, or to be used later in trial.
• Determination of parentage: means the establishment of the parent-child relationship by the signing of a valid declaration of paternity under Part 3, Voluntary Declaration of Paternity Act, or adjudication by a tribunal. See Utah Code 78B-15-102
• Direct request: means a petition filed by an individual in a tribunal of this state in a proceeding involving an obligee, obligor, or child residing outside the United States. See Utah Code 78B-14-701.5
• Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
• Dismissal: The dropping of a case by the judge without further consideration or hearing. ^Source:
• Donor: The person who makes a gift.
• Donor: means an individual who produces eggs or sperm used for assisted reproduction, whether or not for consideration. See Utah Code 78B-15-102
• Driving under the influence court: means a court that is approved as a driving under the influence court by the Judicial Council according to standards established by the Judicial Council. See Utah Code 41-6a-501
• drugs: means :
            (1)(d)(i) a controlled substance as defined in Section 58-37-2;
            (1)(d)(ii) a drug as defined in Section 58-17b-102; or
            (1)(d)(iii) a substance that, when knowingly, intentionally, or recklessly taken into the human body, can impair the ability of a person to safely operate a motor vehicle. See Utah Code 41-6a-501
• Duty of support: means an obligation imposed or imposable by law to provide support for a child, spouse, or former spouse, including an unsatisfied obligation to provide support. See Utah Code 78B-14-102
• Educational series: means an educational series obtained at a substance abuse program that is approved by the Division of Integrated Healthcare in accordance with Section 26B-5-104. See Utah Code 41-6a-501
• Electric assisted bicycle: means a bicycle with an electric motor that:
            (18)(a)(i) has a power output of not more than 750 watts;
            (18)(a)(ii) has fully operable pedals;
            (18)(a)(iii) has permanently affixed cranks that were installed at the time of the original manufacture;
            (18)(a)(iv) is fully operable as a bicycle without the use of the electric motor; and
            (18)(a)(v) is one of the following:

                 (18)(a)(v)(A) a class 1 electric assisted bicycle;

                 (18)(a)(v)(B) a class 2 electric assisted bicycle;

                 (18)(a)(v)(C) a class 3 electric assisted bicycle; or

                 (18)(a)(v)(D) a programmable electric assisted bicycle. See Utah Code 41-6a-102
• Ethnic or racial group: means , for purposes of genetic testing, a recognized group that an individual identifies as all or part of the individual's ancestry or that is so identified by other information. See Utah Code 78B-15-102
• Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
• Extradition: The formal process of delivering an accused or convicted person from authorities in one state to authorities in another state.
• Father: means a parent who is of the male sex. See Utah Code 68-3-12.5
• Financial support: means a base child support award as defined in Section 78B-12-102, all past-due support which accrues under an order for current periodic payments, and sum certain judgments for past-due support. See Utah Code 78B-15-102
• Fiscal year: The fiscal year is the accounting period for the government. For the federal government, this begins on October 1 and ends on September 30. The fiscal year is designated by the calendar year in which it ends; for example, fiscal year 2006 begins on October 1, 2005 and ends on September 30, 2006.
• Foreign country: means a country, including a political subdivision thereof, other than the United States, that authorizes the issuance of support orders and:
       (5)(a) which has been declared under the law of the United States to be a foreign reciprocating country;
       (5)(b) which has established a reciprocal arrangement for child support with this state as provided in Section 78B-14-308;
       (5)(c) which has enacted a law or established procedures for the issuance and enforcement of support orders which are substantially similar to the procedures under this chapter; or
       (5)(d) in which the convention is in force with respect to the United States. See Utah Code 78B-14-102
• Foreign subpoena: means a subpoena issued under authority of a court of record of a foreign jurisdiction. See Utah Code 78B-17-102
• Foreign support order: means a support order of a foreign tribunal. See Utah Code 78B-14-102
• Foreign tribunal: means a court, administrative agency, or quasi-judicial entity of a foreign country which is authorized to establish, enforce, or modify support orders or to determine parentage of a child. See Utah Code 78B-14-102
• Fraud: Intentional deception resulting in injury to another.
• Genetic testing: means an analysis of genetic markers to exclude or identify a man as the father or a woman as the mother of a child. See Utah Code 78B-15-102
• Gestational mother: means an adult woman who gives birth to a child under a gestational agreement. See Utah Code 78B-15-102
• Golf cart: means a device that:
            (24)(a)(i) is designed for transportation by players on a golf course;
            (24)(a)(ii) has not less than three wheels in contact with the ground;
            (24)(a)(iii) has an unladen weight of less than 1,800 pounds;
            (24)(a)(iv) is designed to operate at low speeds; and
            (24)(a)(v) is designed to carry not more than six persons including the driver. See Utah Code 41-6a-102
• Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
• Guardian: includes a person who:
       (14)(a) qualifies as a guardian of a minor or incapacitated person pursuant to testamentary or court appointment; or
       (14)(b) is appointed by a court to manage the estate of a minor or incapacitated person. See Utah Code 68-3-12.5
• Highway: means the entire width between property lines of every way or place of any nature when any part of it is open to the use of the public as a matter of right for vehicular travel. See Utah Code 41-6a-102
• Income: includes earnings or other periodic entitlements to money from any source and any other property subject to withholding for support under the law of this state. See Utah Code 78B-14-102
• Income-withholding order: means an order or other legal process directed to an obligor's employer or other source of income as defined in Section 26B-9-101, to withhold support from the income of the obligor. See Utah Code 78B-14-102
• Issuing state: means the state in which a tribunal issues a support order or a judgment determining parentage of a child. See Utah Code 78B-14-102
• Issuing tribunal: means the tribunal of a state or foreign country that issues a support order or a judgment determining parentage of a child. See Utah Code 78B-14-102
• 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.
• Law: includes decisional and statutory law and rules and regulations having the force of law. See Utah Code 78B-14-102
• Law enforcement agency: means the same as that term is as defined in Section 53-1-102. See Utah Code 41-6a-102
• Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). ^{Source: OCC}
• Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.
• Male: means the characteristic of an individual whose biological reproductive system is of the general type that functions to fertilize the ova of a female. See Utah Code 68-3-12.5
• Man: means a male individual of any age. See Utah Code 78B-15-102 v2
• Month: means a calendar month, unless otherwise expressed. See Utah Code 68-3-12.5
• Mother: means a parent who is of the female sex. See Utah Code 68-3-12.5
• Motor assisted scooter: means a self-propelled device with:
            (42)(a)(i) at least two wheels in contact with the ground;
            (42)(a)(ii) a braking system capable of stopping the unit under typical operating conditions;
            (42)(a)(iii) an electric motor not exceeding 2,000 watts;
            (42)(a)(iv) either:

                 (42)(a)(iv)(A) handlebars and a deck design for a person to stand while operating the device; or

                 (42)(a)(iv)(B) handlebars and a seat designed for a person to sit, straddle, or stand while operating the device;
            (42)(a)(v) a design for the ability to be propelled by human power alone; and
            (42)(a)(vi) a maximum speed of 20 miles per hour on a paved level surface. See Utah Code 41-6a-102
• motor vehicle: includes :
                 (1)(m)(ii)(A) an off-highway vehicle as defined under Section 41-22-2; and
                 (1)(m)(ii)(B) a motorboat as defined in Section 73-18-2. See Utah Code 41-6a-501
• Negligence: means simple negligence, the failure to exercise that degree of care that an ordinarily reasonable and prudent person exercises under like or similar circumstances. See Utah Code 41-6a-501
• Novice learner driver: means an individual who:
            (1)(h)(i) has applied for a Utah driver license;
            (1)(h)(ii) has not previously held a driver license in this state or another state; and
            (1)(h)(iii) has not completed the requirements for issuance of a Utah driver license. See Utah Code 41-6a-501
• Oath: A promise to tell the truth.
• Oath: includes "affirmation. See Utah Code 68-3-12.5
• Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
• Obligee: means :
       (16)(a) an individual to whom a duty of support is or is alleged to be owed or in whose favor a support order or a judgment determining parentage of a child has been issued;
       (16)(b) a foreign country, state, or political subdivision of a state to which the rights under a duty of support or support order have been assigned or which has independent claims based on financial assistance provided to an individual obligee in place of child support;
       (16)(c) an individual seeking a judgment determining parentage of the individual's child; or
       (16)(d) a person who is a creditor in a proceeding under Part 7, Support Proceedings Under Convention. See Utah Code 78B-14-102
• Obligor: means an individual who, or the estate of a decedent that:
       (17)(a) owes or is alleged to owe a duty of support;
       (17)(b) is alleged but has not been adjudicated to be a parent of a child;
       (17)(c) is liable under a support order; or
       (17)(d) is a debtor in a proceeding under Part 7, Support Proceedings Under Convention. See Utah Code 78B-14-102
• Off-highway vehicle: means the same as that term is defined under Section 41-22-2. See Utah Code 41-6a-102
• Operate: means the same as that term is defined in Section 41-1a-102. See Utah Code 41-6a-102
• Operator: means :
       (49)(a) a human driver, as defined in Section Utah Code 41-6a-102
• Parent: means an individual who has established a parent-child relationship under Section 78B-15-201. See Utah Code 78B-15-102
• Parent-child relationship: means the legal relationship between a child and a parent of the child. See Utah Code 78B-15-102
• Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
• Paternity index: means the likelihood of paternity calculated by computing the ratio between:
       (19)(a) the likelihood that the tested man is the father, based on the genetic markers of the tested man and child, conditioned on the hypothesis that the tested man is the father of the child; and
       (19)(b) the likelihood that the tested man is not the father, based on the genetic markers of the tested man and child, conditioned on the hypothesis that the tested man is not the father of the child and that the father is of the same ethnic or racial group as the tested man. See Utah Code 78B-15-102
• 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
• Person: means an individual, corporation, business trust, estate, trust, partnership, limited liability company, association, joint venture, government, governmental subdivision, agency, or instrumentality, public corporation, or any other legal or commercial entity. See Utah Code 78B-14-102
• Person: means an individual, corporation, business trust, estate, trust, partnership, limited liability company, association, joint venture, public corporation, government or governmental subdivision, agency or instrumentality, or any other legal or commercial entity. See Utah Code 78B-17-102
• Person: means :
       (24)(a) an individual;
       (24)(b) an association;
       (24)(c) an institution;
       (24)(d) a corporation;
       (24)(e) a company;
       (24)(f) a trust;
       (24)(g) a limited liability company;
       (24)(h) a partnership;
       (24)(i) a political subdivision;
       (24)(j) a government office, department, division, bureau, or other body of government; and
       (24)(k) any other organization or entity. See Utah Code 68-3-12.5
• 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.
• Pleadings: Written statements of the parties in a civil case of their positions. In the federal courts, the principal pleadings are the complaint and the answer.
• Precedent: A court decision in an earlier case with facts and law similar to a dispute currently before a court. Precedent will ordinarily govern the decision of a later similar case, unless a party can show that it was wrongly decided or that it differed in some significant way.
• Presumed father: means a man who, by operation of law under Section 78B-15-204, is recognized as the father of a child until that status is rebutted or confirmed as set forth in this chapter. See Utah Code 78B-15-102
• Probability of paternity: means the measure, for the ethnic or racial group to which the alleged father belongs, of the probability that the man in question is the father of the child, compared with a random, unrelated man of the same ethnic or racial group, expressed as a percentage incorporating the paternity index and a prior probability. See Utah Code 78B-15-102
• Probable cause: A reasonable ground for belief that the offender violated a specific law.
• Probate: Proving a will
• Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
• Process: means a writ or summons issued in the course of a judicial proceeding. See Utah Code 68-3-12.5
• Property: includes both real and personal property. See Utah Code 68-3-12.5
• Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.
• Record: means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form. See Utah Code 78B-14-102
• Record: means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form. See Utah Code 78B-15-102
• Register: means to file in a tribunal of this state a support order or judgment determining parentage of a child issued in another state or a foreign country. See Utah Code 78B-14-102
• Registering tribunal: means a tribunal in which a support order or judgment determining parentage of a child is registered. See Utah Code 78B-14-102
• Remainder: An interest in property that takes effect in the future at a specified time or after the occurrence of some event, such as the death of a life tenant.
• Rescission: The cancellation of budget authority previously provided by Congress. The Impoundment Control Act of 1974 specifies that the President may propose to Congress that funds be rescinded. If both Houses have not approved a rescission proposal (by passing legislation) within 45 days of continuous session, any funds being withheld must be made available for obligation.
• Responding tribunal: means the authorized tribunal in a responding state or foreign country. See Utah Code 78B-14-102
• Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
• Screening: means a preliminary appraisal of a person:
            (1)(i)(i) used to determine if the person is in need of:

                 (1)(i)(i)(A) an assessment; or

                 (1)(i)(i)(B) an educational series; and
            (1)(i)(ii) that is approved by the Division of Integrated Healthcare in accordance with Section 26B-5-104. See Utah Code 41-6a-501
• Serious bodily injury: means bodily injury that creates or causes:
            (1)(j)(i) serious permanent disfigurement;
            (1)(j)(ii) protracted loss or impairment of the function of any bodily member or organ; or
            (1)(j)(iii) a substantial risk of death. See Utah Code 41-6a-501
• Service of process: The service of writs or summonses to the appropriate party.
• Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.
• Signatory: means an individual who authenticates a record and is bound by its terms. See Utah Code 78B-15-102
• Signature: includes a name, mark, or sign written with the intent to authenticate an instrument or writing. See Utah Code 68-3-12.5
• State: means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, or any territory or insular possession subject to the jurisdiction of the United States. See Utah Code 78B-14-102
• State: means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, any territory, Native American Tribe, or insular possession subject to the jurisdiction of the United States. See Utah Code 78B-15-102
• State: means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, a federally recognized Indian tribe, or any territory or insular possession subject to the jurisdiction of the United States. See Utah Code 78B-17-102
• State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 68-3-12.5
• Statute: A law passed by a legislature.
• Subpoena: A command to a witness to appear and give testimony.
• Subpoena: means a document, however denominated, issued under authority of a court of record requiring a person to:
       (5)(a) attend and give testimony at a deposition;
       (5)(b) produce and permit inspection and copying of designated books, documents, records, electronically stored information, or tangible things in the possession, custody, or control of the person; or
       (5)(c) permit inspection of premises under the control of the person. See Utah Code 78B-17-102
• Substance abuse treatment: means treatment obtained at a substance abuse program that is approved by the Division of Integrated Healthcare in accordance with Section 26B-5-104. See Utah Code 41-6a-501
• Substance abuse treatment program: means a state licensed substance abuse program. See Utah Code 41-6a-501
• Support enforcement agency: means a public official, governmental entity, or private agency authorized to:
       (27)(a) seek enforcement of support orders or laws relating to the duty of support;
       (27)(b) seek establishment or modification of child support;
       (27)(c) request determination of parentage of a child;
       (27)(d) attempt to locate obligors or their assets; or
       (27)(e) request determination of the controlling child support order. See Utah Code 78B-14-102
• Support order: means a judgment, decree, order, decision, or directive, whether temporary, final, or subject to modification, issued in a state or foreign country for the benefit of a child, a spouse, or a former spouse, which provides for monetary support, health care, arrearages, retroactive support, or reimbursement for financial assistance provided to an individual obligee in place of child support. See Utah Code 78B-14-102
• Support-enforcement agency: means a public official or agency authorized under Title IV-D of the Social Security Act which has the authority to seek:
       (25)(a) enforcement of support orders or laws relating to the duty of support;
       (25)(b) establishment or modification of child support;
       (25)(c) determination of parentage; or
       (25)(d) location of child-support obligors and their income and assets. See Utah Code 78B-15-102
• Testimony: Evidence presented orally by witnesses during trials or before grand juries.
• Traffic: means pedestrians, ridden or herded animals, vehicles, and other conveyances either singly or together while using any highway for the purpose of travel. See Utah Code 41-6a-102
• Trailer: means a vehicle with or without motive power designed for carrying persons or property and for being drawn by a motor vehicle and constructed so that no part of its weight rests upon the towing vehicle. See Utah Code 41-6a-102
• Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
• Tribunal: means a court, administrative agency, or quasi-judicial entity authorized to establish, enforce, or modify support orders or to determine parentage of a child. See Utah Code 78B-14-102
• Tribunal: means a court of law, administrative agency, or quasi-judicial entity authorized to establish, enforce, or modify support orders or to determine parentage. See Utah Code 78B-15-102
• United States: includes each state, district, and territory of the United States of America. See Utah Code 68-3-12.5
• Vehicle: means a device in, on, or by which a person or property is or may be transported or drawn on a highway, except a mobile carrier, as defined in Section 41-6a-1120, or a device used exclusively on stationary rails or tracks. See Utah Code 41-6a-102
• Venue: The geographical location in which a case is tried.
• Woman: means an adult human female. See Utah Code 68-3-12.5
• 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