53-3-218 - Court to report convictions and may recommend suspension of license -- Severity of speeding violation defined.
53-3-218. Court to report convictions and may recommend suspension of license --Severity of speeding violation defined.
(1) As used in this section, "conviction" means conviction by the court of firstimpression or final administrative determination in an administrative traffic proceeding.
(2) (a) Except as provided in Subsection (2)(c), a court having jurisdiction over offensescommitted under this chapter or any other law of this state, or under any municipal ordinanceregulating driving motor vehicles on highways or driving motorboats on the water, shall forwardto the division within 10 days, an abstract of the court record of the conviction or plea held inabeyance of any person in the court for a reportable traffic or motorboating violation of any lawsor ordinances, and may recommend the suspension of the license of the person convicted.
(b) When the division receives a court record of a conviction or plea in abeyance for amotorboat violation, the division may only take action against a person's driver license if themotorboat violation is for a violation of Title 41, Chapter 6a, Part 5, Driving Under the Influenceand Reckless Driving.
(c) (i) A court is not required to forward to the division within 10 days an abstract of thecourt record of the conviction for a violation described in Subsection 53-3-220(1)(c) and theDriver License Division is not required to suspend a person's license for a violation described inSubsection 53-3-220(1)(c) if:
(A) the violation did not involve a motor vehicle; and
(B) the person convicted of a violation described in Subsection 53-3-220(1)(c):
(I) is participating in or has successfully completed substance abuse treatment at alicensed substance abuse treatment program that is approved by the Division of Substance Abuseand Mental Health in accordance with Section 62A-15-105; or
(II) is participating in or has successfully completed probation through the Department ofCorrections Adult Probation and Parole in accordance with Section 77-18-1.
(ii) If the person convicted of a violation described in Subsection 53-3-220(1)(c) fails tocomply with the terms of a substance abuse treatment program under Subsection (2)(c)(i)(B)(I) orthe terms of probation under Subsection (2)(c)(i)(B)(II):
(A) the substance abuse treatment program licensed by the Division of Substance Abuseand Mental Health or the Department of Corrections Adult Probation and Parole shallimmediately provide an affidavit or other sworn information to the court notifying the court thatthe person has failed to comply with the terms of a substance abuse treatment program underSubsection (2)(c)(i)(B)(I) or the terms of probation under Subsection (2)(c)(i)(B)(II);
(B) upon receipt of an affidavit or sworn statement under Subsection (2)(c)(ii)(A), thecourt shall immediately forward an abstract of the court record of the conviction for a violationdescribed in Subsection 53-3-220(1)(c) to the division; and
(C) the division shall immediately suspend the person's license in accordance withSubsection 53-3-220(1)(c).
(3) The abstract shall be made in the form prescribed by the division and shall include:
(a) the name, date of birth, and address of the party charged;
(b) the license certificate number of the party charged, if any;
(c) the registration number of the motor vehicle or motorboat involved;
(d) whether the motor vehicle was a commercial motor vehicle;
(e) whether the motor vehicle carried hazardous materials;
(f) whether the motor vehicle carried 16 or more occupants;
(g) whether the driver presented a commercial driver license;
(h) the nature of the offense;
(i) whether the offense involved an accident;
(j) the driver's blood alcohol content, if applicable;
(k) if the offense involved a speeding violation:
(i) the posted speed limit;
(ii) the actual speed; and
(iii) whether the speeding violation occurred on a highway that is part of the interstatesystem as defined in Section 72-1-102;
(l) the date of the hearing;
(m) the plea;
(n) the judgment or whether bail was forfeited; and
(o) the severity of the violation, which shall be graded by the court as "minimum,""intermediate," or "maximum" as established in accordance with Subsection 53-3-221(4).
(4) When a convicted person secures a judgment of acquittal or reversal in any appellatecourt after conviction in the court of first impression, the division shall reinstate the convictedperson's license immediately upon receipt of a certified copy of the judgment of acquittal orreversal.
(5) Upon a conviction for a violation of the prohibition on using a handheld wirelesscommunication device for text messaging or electronic mail communication while operating amoving motor vehicle under Section 41-6a-1716, a judge may order a suspension of theconvicted person's license for a period of three months.
(6) Upon a conviction for a violation of careless driving under Section 41-6a-1715 thatcauses or results in the death of another person, a judge may order a revocation of the convictedperson's license for a period of one year.
Amended by Chapter 157, 2010 General Session
Amended by Chapter 336, 2010 General Session