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Utah Code Title 41. Motor Vehicles § 41-6a-513. Acceptance of plea of guilty to DUI--Restrictions--Verification of prior violations--Prosecutor to examine defendant's record

Current as of January 01, 2025 | Updated by Findlaw Staff

(1) An entry of a plea of guilty or no contest to a criminal charge under Section 41-6a-502 is invalid unless the prosecutor agrees to the plea:

(a) in open court;

(b) in writing; or

(c) by another means of communication which the court finds adequate to record the prosecutor's agreement.

(2)(a) Prior to agreeing to a plea of guilty or no contest under Subsection (1), the prosecutor shall examine the criminal history or driver license record of the defendant to determine if the defendant's record contains a conviction, arrest, or charge for:

(i) more than one prior violation within the previous 10 years of any offense that, if the defendant were convicted, would qualify as a conviction as defined in Subsection 41-6a-501(2);

(ii) a felony violation of:

(A)Section 41-6a-502; or

(B)Section 76-5-102.1; or

(iii) a violation of Section 76-5-207.

(b) If the defendant's record contains a conviction or unresolved arrest or charge for an offense listed in Subsection (2)(a), a plea may only be accepted if:

(i) approved by:

(A) a district attorney;

(B) a deputy district attorney;

(C) a county attorney;

(D) a deputy county attorney;

(E) the attorney general; or

(F) an assistant attorney general; and

(ii) the attorney giving approval under Subsection (2)(b)(i) has felony jurisdiction over the case.

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Cite this article: FindLaw.com - Utah Code Title 41. Motor Vehicles § 41-6a-513. Acceptance of plea of guilty to DUI--Restrictions--Verification of prior violations--Prosecutor to examine defendant's record - last updated January 01, 2025 | https://codes.findlaw.com/ut/title-41-motor-vehicles/ut-code-sect-41-6a-513/

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