Traffic tickets can be frustrating and inconvenient. While some people can afford to pay traffic fines, they might not want points against their license or other unpleasant consequences of alleged moving violations. Our legal team can help you enter a deferred prosecution program to hopefully avoid these penalties.
Deferred prosecution is available for Utah moving violation cases and can help people avoid harsh penalties and keep their licenses in good standing. To be eligible for deferred prosecution in Utah, you must meet specific eligibility criteria. You must be 21 or older, have a standard driver’s license (no CDLs), and not have been convicted of a traffic violation in the past 24 months, among other requirements. You may begin by paying your fine and related court costs. Next, you must remain free of traffic violations for at least 12 months. If you do, your charges may be dismissed.
Call our Salt Lake City traffic ticket attorneys for a free review of your case by calling Overson & Bugden at (801) 758-2287.
What is Deferred Prosecution in Utah?
Deferred prosecution is described under Utah Code § 77-2-4.2(1)(c) and may be available for certain drivers facing consequences for traffic tickets and moving violations.
Under deferred prosecution, drivers may enter a plea of no contest. This is not a guilty plea, but it is not a not-guilty plea either. It is a plea where you do not admit wrongdoing, but you admit that the prosecutor has enough evidence to meet their burden of proof. It has the same effect as a guilty plea once it is formally entered.
Next, a defendant pays a fee equal to the fine of their traffic ticket plus any other applicable fees or charges. After that, the defendant must remain free from traffic violations for 12 months. If you succeed, your traffic violations will be dismissed. If you get another traffic ticket during the 12-month deferral period, the court may enter your no-contest plea, and you will face the full penalties of your charges, including points against your license.
Who is Eligible for Deferred Prosecution?
While deferred prosecution can help drivers avoid points on their license or other unfortunate penalties from moving violations, it is not available for everyone.
According to Utah Code § 77-2-4.2(5), any individual who receives a citation for a traffic violation may apply for deferred prosecution except for people who meet specific criteria. You may not be admitted to deferred prosecution under the following conditions:
- You are younger than 21.
- You have a commercial driver’s license (CDL).
- You do not have a Utah driver’s license.
- You have been convicted of a traffic violation within the past 24 months.
- You were cited for 2 or more traffic violations in the same traffic stop.
- You were charged with a misdemeanor or felony traffic violation.
- You were charged with something other than a moving violation (e.g., parking violations are ineligible for deferred prosecution).
- Your moving violations were charged in connection with a vehicle accident.
- You were charged for speeding more than 20 miles per hour over the legal limit.
- You were charged for speeding while going at least 100 mph.
- You are currently in a deferral period for another traffic violation.
How to Enter Deferred Prosecution in Utah
If deferred prosecution is something you want to take advantage of, your attorney can help you.
Details about how to apply for deferred prosecution and how it works are spelled out under Utah Code § 77-2-4.2(7). First, you must complete the application process through the online portal maintained by the Administrative Office of the Courts. According to the court’s website, you must create a MyCase account before you enter the program.
Next, you must pay the fines associated with your traffic tickets. Although deferred prosecution can help you avoid things like points against your license, you still must pay the fines. You may also have to pay any related administrative or court fees.
Before you enter the program, our Utah traffic ticket attorney must help you enter a plea of no-contest. This plea will be set aside during the deferral period and may not be formally entered unless you receive another traffic violation in the next 12 months.
What is Traffic School Deferred Prosecution?
In some cases, drivers entering deferred prosecution must also go to traffic school, according to Utah Code § 77-2-4.2(6). To determine if you can attend traffic school to avoid points against your license, you must contact the court shortly after you are issued the citation. Eligibility may depend on your driving history.
Depending on your situation, you might have to complete traffic school in person. Alternatively, you may be able to do it online. Ask your attorney for help if you are unsure whether this may work for you.
Can I Enter a Deferred Prosecution Program with a Commercial Driver’s License?
Deferred prosecution can help ordinary drivers avoid things like points on their license. For many, a few points might mean the difference between staying on the road and losing their license. Unfortunately, deferred prosecution is only available to those with standard driver’s licenses. Commercial driver’s licenses are ineligible.
Even though you cannot use deferred prosecution to protect your CDL, our attorneys may still help you fight traffic tickets. Hopefully, you may still be able to maintain your CDL and keep your job.
What is the Difference Between Deferred Prosecution and Pleas in Abeyance?
If you or someone you know is familiar with the criminal justice system, you might have heard about pleas in abeyance. This is a very similar process to deferred prosecution. In fact, deferred compensation is modeled after the system behind pleas in abeyance.
A plea may be held in abeyance according to Utah Code § 77-2a-2(1). In short, a defendant may enter a plea of guilty or no contest and, upon motion of both the prosecutor and the defendant, the court may hold the plea in abeyance. This means the plea is set aside and not formally entered.
Typically, pleas are held in abeyance while defendants complete various rehabilitative requirements. These requirements vary based on what kind of program or plea agreement the defendant has entered. Once the requirements are fulfilled, the plea might be thrown out and the case dismissed. If the defendants do not complete their requirements, the plea may be entered, and they must face the full penalties.
Call Our Utah Traffic Ticket Lawyers for Legal Help
Call our Utah traffic ticket attorneys for a free review of your case by calling Overson & Bugden at (801) 758-2287.