31A-11-112 - Bail for traffic violations.
31A-11-112. Bail for traffic violations.
(1) Any insurance company that is qualified to transact a surety business in Utah maycontract to become surety for any guaranteed arrest bond certificates issued by it or by a motorclub, by filing with the commissioner an undertaking to become surety. The undertaking shall bein a form prescribed by the commissioner and shall state the following:
(a) The name and address of the motor club or clubs issuing the guaranteed arrest bondcertificates on which the company will be surety, and whether the motor club will issue thecertificates itself.
(b) The unqualified obligation of the company to be surety to pay, up to a specified dollaramount, the fine or forfeiture of any person who fails to make an appearance to answer thecharges for which the guaranteed arrest bond certificate is posted.
(2) Any guaranteed arrest bond certificate under Subsection (1), when posted by thesignatory, shall be accepted in lieu of cash bail or other bond in an amount not exceeding thedollar amount specified under Subsection (1)(b), to guarantee the appearance of the person whenrequired by any court in Utah when the person is arrested for violation of any Utah motor vehiclelaw, or any motor vehicle ordinance of any Utah municipality, except for driving under theinfluence of drugs or intoxicating liquors or for any felony. A law enforcement officer who issuesa citation to an operator of a vehicle who has a valid guaranteed arrest bond certificate in hispossession shall obtain the necessary information for the arrest citation, and if the guaranteedarrest bond certificate covers the fine for the violation, the officer shall release the vehicle andoperator after serving the citation and receiving the guaranteed arrest bond from the operator. The officer shall deliver the guaranteed arrest bond to the appropriate court to be held as a bailbond.
(3) A guaranteed arrest bond certificate posted as a bail bond in a district court is subjectto the forfeiture and enforcement provisions which govern bail bonds in criminal cases. Aguaranteed arrest bond certificate posted as a bail bond in a justice court is subject to theforfeiture and enforcement provisions of the charter or ordinance of the particular municipalitywhich pertains to bail bonds.
(4) A motor club may not agree to exonerate or indemnify an authorized surety issuingguaranteed arrest bonds under Subsection (1) for losses in connection with these bonds.
Amended by Chapter 10, 1997 General Session
Amended by Chapter 215, 1997 General Session