41-6a-513. Acceptance of plea of guilty to DUI -- Restrictions -- Verification of prior violations -- Prosecutor to examine defendant's record.

253 words·~1 min read·/ut/title-41/chapter-6a/41-6a-513·

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

Effective 5/4/2022

(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.

(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.

Amended by Chapter 116 , 2022 General Session