traffic ticket law utah

How Do I Fight A Traffic Ticket?

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How Do I Fight A Traffic Ticket?

This article discusses the ins and outs of fighting a traffic ticket.

Ticket Definition

A traffic ticket or citation is given to someone when they have been deemed by a form of law enforcement for a violation of a specific law.  A ticket can be in the form of a fee, possible jail/community service time, and losing driving privileges. The most common types of violations are traffic violations, e.g. speeding, reckless driving, etc.  

Fighting the Ticket

You can fight a traffic ticket if you: (a) believe you undeservedly have been given a traffic ticket, AND (b) have the means or evidence to prove your innocence. If you believe firmly both of these to be true about your citation, then fighting a traffic ticket may be worth the effort.

When it comes to speeding in Utah, it is considered a “presumed” state for speed limits. This means that if you are going ten miles over the speed limit, a police officer presumes you as speeding; however, if it is 5 a.m. on a clear, dry morning and there were no cars on the wide, straight road and you are able to convince a judge or jury that you were driving completely safe, you should be acquitted (Driving Laws, Utah Speeding Laws). There are a few options for someone who has received a traffic ticket:

OPTION 1 – Plead Guilty

Simply accepting the citation as such and taking the necessary steps make restitution for the traffic ticket is your plea for guilty. If you fight the ticket and the judge or jury finds you guilty, the result could be, (a) you must comply with the original conditions of the ticket, and (b) can include any of the following:

  • Driving privileges suspended
  • Additional fines
  • Points added to your driving record
  • Community service
  • Jail time

OPTION 2 – Plea in Abeyance

A plea in abeyance is pleading guilty or no contest and having your plea held for one year; once you have a year of no tickets, your charges may be dismissed from your record. In other words, pleading in abeyance allows for your charges to never show up on your record if you do not have any tickets for one year after the original traffic ticket.

OPTION 3 – Plead Not guilty

In order to plead not guilty in Utah (pleading not guilty is the same as fighting a ticket), you must visit a justice court who will be regulating your case. Once your plea is recorded, the specific court regulating your case will give you a time and day to come back for a pretrial conference OR full trial. If the judge or jury finds you not guilty of your citation conditions, you can expect: (a) no points added to your driving record, (b) no fines or penalties to worry about, (c) all charges dropped for your citation, AND (d) your car insurance rates do not increase or decrease.

There are two claims for your defense in Utah for a speeding traffic violation resulting in a citation:

  1. You weren’t exceeding the speed limit
  2. Even if you were exceeding the posted speed limit, you were driving safely given the specific road, weather and traffic conditions at the time (this may not work).

Court Attendance

If you DO NOT attend court, you can face serious consequences, including but not limited to:

    • Losing your driving privileges
    • A warrant out for your arrest
    • Automatic guilty verdict

Citation Penalties

There are several penalties for violations of the law. However, in Utah, the penalties for exceeding the speed limit for the first time are:

  • Fined no more than $750
  • No more than 90 days of jail time
  • No more than one-year suspension of the violator’s license

Reckless driving is “willful or wanton for the safety of persons or property” or simply committing “three separate moving violations within a continuous three miles of driving”. Penalties for reckless driving for the first time are:

  • Up to 90 days jail time
  • Fined no more than $1000
  • License suspension no more than 3 months

Overview

Safety is of utmost importance while driving. Wearing your seatbelt at all times, driving at or under the speed limit, and driving at safe speeds under unsafe road conditions will help you get the most out of driving and allow you to be the safest you can be on the road. When we feel that we are undeservedly given a citation, we have the opportunity to fight it and have the possibility of being acquitted of all charges. We always have to remember, however, that law enforcement is here to keep us safe.

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How Do I Fight A Traffic Ticket?

Traffic Ticket

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Is Betting on Sports Legal in Utah Now?

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Is Betting on Sports Legal in Utah Now?

With the recent Supreme Court Decision, many have asked, is betting on sports legal in Utah now? The short answer is no. In May 2018, the Supreme Court struck down the federal prohibition on sports gambling. However, Utah, like most other States, still has laws in place that make sports gambling illegal in that State. The Utah law is found here: https://le.utah.gov/xcode/Title76/Chapter10/76-10-S1101.html

utah sports betting

State vs. Federal Law

Currently, Nevada is the only state that legally allows sports gambling. All other states it is illegal to place bets on sports. What has just occured is the national law prohibiting sports gambling law has just been appealed. In other words, it is federally legal to place sports bets.

Is sports gambling legal in Utah now?

Not yet. Federally or nationally, sports betting is legal now. However, in order for an individual’s sports bet to be legal, sports betting must be legal federally and in that particular state. Sports betting is now legal federally and many states are in the process of passing bills to make sports betting legal in their individual state. Once the state passes that bill, sports betting will be legal just like Nevada.

PASPA

The Professional and Amateur Sports Protection Act of 1992 (PASPA) was passed for the prohibiting of sports gambling in most states in January of 1993. On May 14, 2018, the PASPA act has been repealed (done away with). States that want to offer sports gambling can now begin the process of doing so. Since 1992, Nevada has been the only state to legally allow sports gambling. The process of legalizing sports gambling may take some time, but states such as New Jersey and New York are beginning the process immediately. In other words, states can now act on their own with regard to legalizing sports gambling.

Revenue

Nevada sportsbooks have incurred billions of dollars as a result of legal sports gambling. Nevada sportsbooks acquired over $4 billion in 2017. With the repeal of PASPA, other states will more than likely see similar revenue. Currently, there is a large revenue in illegal sports gambling in the United States; over $150 billion annually.

New Jersey has been the main push for this federal law to be repealed. New Jersey has spent just under $10 million dollars in legal fees over the last years. However, it is predicted that New Jersey will collect over $250 million dollars in revenue in its first year of legal sports betting. The legal fees will be minimal compared to the profit in which the state is predicted to make.

The Future of Betting on Sports in Utah? 

There are already several states that are in the process of passing a bill that legally allows sports betting in that state. The leagues around the nation are not involved with illegal sports betting. With the legalization of sports betting, leagues will have to determine with certain legal organizations about the approach of sports betting and revenue. Adam Silver, NBA Commissioner, states that “regardless of the particulars of any future sports betting law, the integrity of our game remains our highest priority.”

Many believe that within only a few years, sports fans will be legally placing bets from their cell phones while attending live sporting events in Utah and every other state.

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Traffic Ticket: Now What?

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Traffic Ticket: Now What?

What are your options once you get a traffic ticket? Here we will discuss the three choices a person has in that scenario, which are paying the fine, plea in abeyance, and requesting a trial.

What can I do if I get a ticket?

There are a few things you can do when you get a ticket. Let’s say you got a speeding ticket and the fine is about $150. With that ticket, you can do one of the following:

  1. Pay the fine
  2. Plea in abeyance
  3. Request a trial

If you simply pay the fine because you are guilty, the ticket stays on your record.

If you complete the plea in abeyance (pay the fine, complete traffic school and drive for 6 months with no further tickets), the ticket will be expunged from your record. Receiving a ticket during the 6 months after driving school will result in the original $150 ticket to remain on your record.

Instead of a plea in abeyance and if you feel you are not guilty, you can request a trial. Most of the time the trial will be tried by a judge, instead of a jury. A bench trial is a trial by a judge instead of a jury. This is beneficial to traffic violations that are less serious because a bench trial is usually faster and cheaper. Also, a judge is well immersed and understanding of the law. A jury sometimes can make decisions based on emotion instead of being objective. In a bench trial, you will present your case to the judge, and the officer who gave you the ticket will give testimony and then the judge will decide. Sometimes the judge will make a decision immediately, whether you are guilty or not guilty. The judge is present from start to finish which can also speed up the process.

What does a ticket look like on your record?

If you have or had a driver’s license at some point in your life, you have a driving record. If someone gets a traffic ticket, that ticket stays on their driving record forever. The only way to have a ticket removed from your record is by Expungement. Expungement is a court-ordered process with an end result of the violation being removed or erased from your record; legally it is not there anymore. The expungement process can be lengthy and you cannot have any pending criminal charges when you file for expungement. Once charged with a violation, you must wait for a certain amount of time (the amount varies from state to state). You can then file for expungement after that time. After you file the expungement paperwork, the paperwork will then be transferred to the county clerk’s office to be examined. If there are no objections, then the violation(s) will be expunged. If there are objections found, there will be a court hearing that you must attend.

Common Problems

Some common problems with traffic tickets could be:

  1. Not paying the ticket on time;
  2. Not cooperating with peace officers;
  3. Not showing up to a bench trial in court; or
  4. Not showing respect to the officers or legal personnel.

In court, high respect should be shown toward legal personnel and the judge/jury. If you are pulled over and given a warning instead of a ticket, be respectful towards the officer. The easiest way to avoid the hassle is to not get a ticket in the first place. When we get behind the wheel, we incur a great amount of responsibility from a valid license to keeping within the speed limit. There is a lot of liability for someone who drives on public roads; if they are negligent with the law and hurt someone else, they are responsible for those damages. Of course, they are innocent until proven guilty (the judge/jury finds them guilty without finding a reasonable doubt). To avoid paying a fine, entering a plea in abeyance, or requesting a trail, do your best to be a safe driver.

If the person who got the ticket does not cooperate, they are only making it worse for themselves. Many Americans receive traffic tickets at least once during their life, and it is best to cooperate. Cooperation is important especially if the person pleads not guilty or no contest and desires to fight the ticket.

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Traffic Ticket: Now What?

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Can the Police Search My Car or House?

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Can the Police Search My Car or House?

Under what circumstances can a police search of your car or house legally take place? Learn here.

4th Amendment

The fourth amendment explains the right we have “to secure in (our) persons, houses, papers and effects against unreasonable searches and seizures”. We have the right to deny the request for a search and seize in all instances except for situations where prompt action by police is necessary.

Why would they want to search my car?

Police search cars for many reasons that include (but are not limited to) searching for:

  • Drugs
  • Firearms
  • Drug Paraphernalia

Police search cars with the intent to protect themselves and citizens. When a citizen is pulled over for a traffic violation, the police officer may ask to search the citizen’s car. If the citizen is asked by a police officer to search their car, the police officer may search the car only if:

  1. The citizen gives the police officer consent;
  2. The police officer has probable cause;
  3. The officer believes they need to search the vehicle for their own protection; or
  4. You have been arrested and searching your vehicle is related to the reason for the arrest.

Police officers search cars with the intent to help you and keep other citizens safe. If someone is pulled over for speeding and the officer smells alcohol, they may ask the citizen to search the car. If the citizen gives consent, the officer may search the car.

When granted, a search warrant allows for an officer searches the specific areas and items described in the warrant. The process of being granted a warrant involves one or more officers convincing a judge that there is probable cause for criminal activity in a certain area. If the judge is convinced, the warrant is granted. In some situations requiring immediate action, an officer may search and/or seize without a warrant as long as there is a reasonable cause and demands prompt action by a police officer.

If a police officer has a search warrant for your car, they may search the car with or without your consent. There are certain situations where the police officer does not need a search warrant to search your property. There is no specific number or limit on the kinds or amounts of situations, e.g. stopping someone from destroying criminal evidence that could be used in a court trial. If the police interpret a situation and conclude that searching property is absolutely necessary, they may search and seize.

Why would they want to search my house?

A police officer or team of police officers would search someone’s house if they have reason to believe that some form of criminal activity or criminal evidence is inside the home or on the property. The question to ask is ‘is there a probable cause to believe that a crime has been committed?’; if the judge does not have any doubts, then the judge will more than likely sign the warrant. A judge can take as much time they need to understand the reasoning for the search warrant, but if there is one or more beliefs that ‘yes’, a crime has been committed then the judge won’t hesitate in signing the warrant.

For example, if the police have reason to believe that the person living at a certain address has committed criminal activity they could obtain a search warrant for the criminal’s address. The warrant usually has language specifying the police or authorities have the authority to search for certain items or people. In other words, if the police can convince a judge that they have reason to believe there is criminal evidence at a specific place, they can obtain a warrant and that grants them the ability to legally search the property.

When the warrant is issued to the police, the person of residence is requested not to be present when the warrant is issued to police (whether or not they are related to the evidence or the crime). Because the resident is not present and therefore can challenge the warrant after the search.

The language of the search warrant is very specific. More often than not, the warrant has language that obliges the authorities to search in specific areas or for specific items; they can only search those areas.

Illegal Search and Seizure

The first question asked usually follows something like ‘is searching the citizen or their property violating their privacy?’; if the answer is yes and the citizen denies the search request, then the officer needs to be granted a search warrant.

There are some instances where the officer searches a car or property and does not have a probable cause that requires immediate action – this is illegal search and seizure. There are plenty of other instances, but to name a few would be using hi-tech to eavesdrop on a conversation to be granted a warrant. What a police officer could do is reasonably listen to a conversation to get enough information to obtain the warrant.

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Can the Police Search My Car or House?

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real estate law in st george utah

What is Real Estate?

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What is Real Estate?

This article addresses the basics of real estate law.

Definition

Real estate is defined as “property consisting of land or buildings”. If someone owns land or a house, they own real estate. Someone can own real estate locally, nationally or even internationally. The real estate that they own can be houses, condos, apartment buildings, business buildings, etc. According to real estate law, if the owner of the real estate just owns the land that a building is built on, they are considered to be the landlord. The buildings then are either rented or bought – but the landlord still owns the land that they are built on.

Should I hire an attorney?

If you are in a real estate transaction and have many questions – ones that the seller and/or a real estate agent cannot answer – hiring an attorney may be the best option. An attorney will answer real estate law legal questions and offer the best help concerning your concerns resolved. Consulting with an attorney who knows real estate law before you hire them is recommended – there are many attorneys that offer free consultations, so you can get a feel for what their service can do for you before you pay them. If the questions you have about the property are related to real estate law, hiring a lawyer is recommended, especially if a real estate agent involved does not know the answers to your questions. When it comes to real estate agents getting paid for selling a property, their cost is usually paid by the seller of the property. However, sometimes the cost of the real estate agent gets passed to the buyer.

Landlords

Landlords can own any type of real estate, and that makes them a small business owner if they are to renting out housing. Most commonly, a landlord owns an apartment building, and the landlord rents his/her apartments to renters. The people who live in the apartments do not own the apartment just because they are paying for it – they are simply being allowed to live there because the landlord is allowing them, and they are paying the landlord, according to real estate law.

Real Estate Law

Real estate law governs who may own and use the land (and the buildings on the land). The real estate can be privately owned, or public (commercial). The land and the buildings can be sold, purchased and rented. Each state and county has different real estate laws regarding the process of real estate transactions, and how those transactions are recorded. Much of the transactions now are done electronically, and the way those are recorded are much different now than they were twenty years ago.

Common problems:

  • Fraudulence: lying or deception in order to get the buyer to purchase the home is fraudulent. If there have been repairs done on the house that are not disclosed, that is considered lying and is fraudulent.
  • Disagreement – many properties in Utah are owned by multiple parties. When there is a decision that needs to be made – a repair, re-finance, or even selling the property – there can be disagreements between the property owners, which can result in legal action. One extreme result is when there is an absolute disagreement, one that cannot be resolved, and legal action can be made to divide the property between the owners.
  • Contracts – when there are contract issues in a real estate transaction, hiring a lawyer experienced in real estate law will be the best option.

Important Terms:

  • Title: If someone has the title to land or a building, they own whatever piece of real estate is stated in the title.
  • Mortgage: A mortgage is a loan that a buyer has for the entire price of the
  • Foreclosure: If the owner of the property does not pay the bills, a lender takes control of the property.
  • Closing: When property is purchased, the buyer and seller meet to ‘close’ the deal, in which the ownership of the property gets transferred.
  • Escrow: A portion of the property or money that is held by a third party.
  • Real Estate Agent: A negotiator for property sales, of which they are licensed to do so.
  • Real Estate Broker: Also an agent, a broker can hire agents to work for them. A broker must be licensed in the state they are going to be practicing in. A broker must have three of the last five years as a full-time active experience in real estate, or they must have two years of full time active real estate experience with an additional one year of professional real estate experience.

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