77-2-4.2 - Compromise of traffic charges -- Limitations.
77-2-4.2. Compromise of traffic charges -- Limitations.
(1) As used in this section:
(a) "Compromise" means referral of a person charged with a traffic violation to trafficschool or other school, class, or remedial or rehabilitative program.
(b) "Traffic violation" means any charge for which bail may be forfeited in lieu ofappearance, by citation or information, of a violation of:
(i) Title 41, Chapter 6a, Traffic Code, amounting to:
(A) a class B misdemeanor;
(B) a class C misdemeanor; or
(C) an infraction; or
(ii) any local traffic ordinance.
(2) Any compromise of a traffic violation shall be done pursuant to a plea in abeyanceagreement as provided in Title 77, Chapter 2a, Pleas in Abeyance, except:
(a) when the criminal prosecution is dismissed pursuant to Section 77-2-4; or
(b) when there is a plea by the defendant to and entry of a judgment by a court for theoffense originally charged or for an amended charge.
(3) In all cases which are compromised pursuant to the provisions of Subsection (2):
(a) the court, taking into consideration the offense charged, shall collect a plea inabeyance fee which shall:
(i) be subject to the same surcharge as if imposed on a criminal fine;
(ii) be allocated subject to the surcharge as if paid as a criminal fine under Section78A-5-110 and a surcharge under Title 51, Chapter 9, Part 4, Criminal Conviction SurchargeAllocation; and
(iii) be not more than $25 greater than the bail designated in the Uniform Bail Schedule;or
(b) if no plea in abeyance fee is collected, a surcharge on the fee charged for the trafficschool or other school, class, or rehabilitative program shall be collected, which surcharge shall:
(i) be computed, assessed, collected, and remitted in the same manner as if the trafficschool fee and surcharge had been imposed as a criminal fine and surcharge; and
(ii) be subject to the financial requirements contained in Title 51, Chapter 9, Part 4,Criminal Conviction Surcharge Allocation.
(4) If a written plea in abeyance agreement is provided, or the defendant requests awritten accounting, an itemized statement of all amounts assessed by the court shall be provided,including:
(a) the Uniform Bail Schedule amount;
(b) the amount of any surcharges being assessed; and
(c) the amount of the plea in abeyance fee.
Amended by Chapter 3, 2008 General Session
Amended by Chapter 339, 2008 General Session
Amended by Chapter 382, 2008 General Session