How to Beat a Ticket for Running a Red Light:

You got a ticket? Want to beat it?

Here's how:

THE LAW:
It is illegal under 41-6a of the Utah Code to enter into an intersection when a "steady red circular light" is on. 

THE 4 WORK-AROUNDS:

1. It is only illegal to "enter" into the intersection when there is a red light. This means if you are already in the intersection when the light turns red, then you are not in violation of the code. (Yes, go ahead and finish turning left.)

Next...

2. Under the law 41-6a-305, if the traffic light has not detected your car's presence, you can run the red light. (This is literally what the code says!!) If the cameras don't see you, you're legally able to enter the intersection. HOWEVER, only after stopping and waiting for 90 seconds can you run the light. (SO, next time you are waiting at a light FOREVER, and start to communicate to the red light with phrases like "really?"and "this is ridiculous," worry no more! You can legally go through the intersection after 90 seconds of waiting.)

(Ron Swanson can barely contain himself...)

Next...

3. On some roads, you can always run a stoplight: If you are turning from a one-way street into another one way street, you can run the stoplight after stopping. 

Lastly...

4. According to 41-6a-304, if the traffic light is not sufficiently legible to be seen by an "ordinarily observant person" or in the wrong place, you don't have to abide by it. In other words, if the traffic light has a tree branch blocking it, or it is crooked and facing another lane, you can go through the intersection on red. 

So there you have it. Now you know what you can and can't do with traffic lights. 

Word of advice for those fighting a ticket:   Never claim a yellow light was too short. The problem with this defense is you nearly admit to driving too fast to stop in time. This is because traffic engineers design the lights specific to the speed limit on the road they govern. --- stick with winner arguments instead.

Please share to help your friends avoid a ticket!!

Can you get a ticket for texting while stopped at a stoplight? - Policeman gives answer.

CONFUSED about the newly enforced "texting and driving" laws?

Your not alone!  A policeman admitted to me that the inconsistent enforcement of the law has caused much of the confusion statewide.

So lets put THE CONFUSION to rest:

The Law:
Utah Traffic Code 41-6a-1716: 

Except as provided in Subsection (3), a person may not use a handheld wireless   communication device while operating a moving motor vehicle on a highway in this state to manually:

            (a) write, send, or read a written communication, including:

            (i) a text message;

            (ii) an instant message; or

            (iii) electronic mail;

            (b) dial a phone number;

            (c) access the Internet;

            (d) view or record video; or

            (e) enter data into a handheld wireless communication device.

     

      Means:  You can do very little on your cell phone while driving. Most notably, you cannot even dial a number into your phone while driving. 

     --- When I asked the patrolman to expound on this, he said "Utah is what is called a no-manipulation state." He is right about that, but he was wrong about what that means. 
         He claimed that a no-manipulation law prohibits the driver from even swiping your phone to unlock it. **Nice try, but actually not true. The law prohibits inputing data into your phone. Unlocking your phone is not considered inputting information. 
        (Even police officers are confused about the texting and driving laws!)

WHAT CAN YOU DO ON YOUR PHONE??

The Law:

[The law] does not prohibit a person from using a [cell phone] while operating a moving motor vehicle:

            (a) for voice communication;

            (b) to view navigation (Maps);

            (c) during a medical emergency; or

            (g) to operate:

                    (i) hands-free or voice operated technology; or

                    (ii) a system that is physically or electronically integrated into the motor vehicle.

    Means: 

• If you are talking to your friend on your phone while driving, you don't have to throw your phone down and hide when you pass a policeman. 

• Yes, go on and chat away. It is legal! 

• You can also access your navigation system on your phone.

• Most notably, you are allowed to operate a system that is integrated into your car. My interpretation of this means you can operate your music that is integrated into your car. (we have yet to see a case that decides that issue.)

• Lastly, your vehicle has to be moving to prohibit operation of the cell phone. So  YES you can legally text, email, etc. when stopped at a stoplight!!

    

The Wrap Up:

    To you, this means you can talk on the phone, (answer calls and send calls as long as you do not dial the number), you can access Maps, and likely access your integrated music. 

    You CANNOT text, dial, e-mail, record videos, Facebook, or access the internet (UNLESS YOU ARE STOPPED, NOT MOVING).

Remember, the best option is to not access your phone at all while your driving. (I want to emphasize this for my friend Reggie Shaw). Drive safe Utah. 

Can you get arrested for recording a cop?

There is a lot of confusion running around whether you can record a police officer. Here is a simplified guide:

1. You have the right to record a public officer in a public place. 

Under the First Amendment of the Constitution, you have a right to record a police officer on duty. In fact, a recent Supreme Court case reaffirmed that right. In that case, Simon Glik was arrested for filming a group of cops arresting a young man in public. The Court found that Simon Glik should not have been arrested because he has a right to film a public officer in a public place. 

2. Your right IS Limited!

You do not have an omnipotent right to film whatever you like whenever you want to. The right to film an officer is limited in three respects:

• The recorded person must be a public official. - This means that you can record a police officer, only when he is on duty. (just look for the uniform ;)

• Do not record while driving. - Even though you have a right to record the police officer, it is still against the law in Utah to manipulate a handheld device while driving. This includes recording from your phone! Make sure you are stopped before you begin handling your device. In Utah, you can be stopped (even at a light) and handle your phone legally. 
  
  ...Duh right?
  
  

• LASTLY, You cannot interfere with the cop's legitimate duties. - If a cop reasonably believes that you are interfering with his duties as a cop, he can arrest you. There is an emphasis on "reasonably." REMEMBER, the mere fact that you are recording does not qualify as a "reasonable belief" of interference. You must do something beyond pushing the record button. 

RECAP - Be smart. Cops are not lawyers. Often times they don't know the law, and will make improper arrests. (Example:

(The cop says "if you are invoking your rights, you must be doing something wrong?!?)

Know your rights! And don't be afraid to invoke them!

  You can LEGALLY record a cop!!!

How to Expunge a Record in Utah (Part 2: Filing forms)

OOPS! Part 2 of "How to Expunge a Record in Utah" is currently being written.


In the meantime, here are some funny gifs

How to Expunge a Record in Utah (Part 1: Eligibility).

EXPUNGEMENTS ARE EASY. Here are the steps and websites you will need to expunge your record, misdemeanor or infraction, in Utah. 

First, the basics:

What is an Expungement? Expungement does not change history.  Expunging records seals them (usually of any arrest, investigation, detention and/or conviction). Sealing the records make them unavailable to the public. 

So by expunging your criminal record, you make it unavailable to the public. Any background check by an employer, school, or private company will not show your record. (Pretty cool right!?) 

Justin Bieber obviously needs an expungement.

What can be Expunged?

Two types of records can be expunged: a non-conviction record, and a conviction record. (Conviction includes a verdict or finding of guilty after trial, a plea of guilty, or a plea of nolo contendere (no contest)).

       Non-Conviction:  In Utah Code, Section 77-40-104, you can expunge records of arrest,   investigation, and detention for a crime when there is no conviction, IF:

• 30 days have passed since the arrest;
• there are no criminal cases pending; and
• one of the following occurred:
• no charges were filed;
• charges were filed, but the case was dismissed with prejudice;
• charges were filed, but the person was acquitted at trial; or
• the statute of limitations has expired. 

               (More Information HERE)

     Conviction:  Conviction records can be expunged unless the conviction is for: 

• a capital felony, first degree felony or violent felony;
• automobile homicide;
• felony driving under the influence; or
• a registerable sex offense;

         Also, a person cannot expunge records of any conviction if:

• the petitioner has been convicted in separate criminal episodes of:
• two or more felonies;
• three or more crimes of which two are class A misdemeanors;
• four or more crimes of which three are class B misdemeanors; or
• five or more crimes of any degree other than infractions and the traffic offenses identified in Section 77-40-102.

          Lastly, for convictions, a person cannot expunge a record unless the statutory time has passed since the latest of the conviction, release from incarceration, or probation. 

Here is a chart found on Utah State Courts website showing the amount of time that must pass before you can expunge a record:

Offense	Time from date petitioner was convicted or released from incarceration, probation or parole, whichever occurred last
Misdemeanor conviction of Subsection 41-6a-501(2) Felony conviction of Subsection 58-37-8(2)(g)	10 years
Felony	7 years
Class A Misdemeanor	5 years
Class B Misdemeanor	4 years
Other Misdemeanor or Infraction	3 years

Applying for Eligibility:

Once you determine for yourself that you might be eligible, you must obtain a Certificate of Eligibility (publicsafety.utah.gov) issued by the Bureau of Criminal Identification (BCI - publicsafety.utah.gov) of the Utah Department of Public Safety. 

Here is the form to fill out and send into the BCI. The application fee is $50.00 and requires fingerprinting.

Once BCI performs a records check and determines that you are eligible to expunge criminal records, the certificate is valid for only 90 days from the date issued. 

Next Steps: Filing the proper forms

How to Beat a Speeding Ticket in Utah

What you need to know to win:

1. The radar gun must be tested to be admissible against you. 

      The State of Utah requires that any radar gun used to track speed must be tested BEFORE and AFTER the police officer's work-day. Although most police stations have daily routines that accomplish this, they can make mistakes. You should verify that the gun was tested. 

2. There must be PROOF of speed offered. 

The prosecutor must prove that your vehicle was traveling at a certain speed. It is not enough to claim that you were traveling within a certain range (unless that range is the small margin of error by a radar gun). The prosecutor must offer the calibration certificate of the radar gun to prove this. A valid certification must be: 1. tested within the 6 months prior to the date of speeding; 2. acknowledged by the writing officer; and 3. an original copy. 

3. There must be constructive notice of the speed limit.

The prosecutor must prove constructive notice, not actual notice. Constructive notice does not mean that you didn't see the sign. It means that the sign was obstructed from view in some way, or non-existent. You should take photographs of the sign and the way it appeared to you on the day of the incident.

These are the most common forms of challenging a speeding ticket. They are a great start on your defense against a speeding ticket in Utah. 

See Disclaimer page. 

•  Here is a short video from an attorney giving further general advice:

Guilty Plea v. No Contest (Alford Plea)

You're facing a criminal charge, you got a plea offer from the prosecutor that includes a "no contest" plea or a guilty plea. What do you do? What is the difference between the two? What are the consequences of both?

THE LAW

On a basic level, a plea deal by the prosecutor will usually serve two purposes: 1. the prosecution gets to settle the case before a lengthy trial, which frees their schedule and avoids court costs.  And 2. the defendant gets a lesser charge and/or sentence. 

A GUILTY PLEA

For a guilty plea, the defendant is asked how to confess his guilt before the court. The prosecutor will then state the general facts of the case, which the defendant is assumed to agree with. You can and should ask what those facts are going to be. You can negotiate with the prosecutor to edit the facts. (this is helpful for any civil cases that might follow)

NO CONTEST PLEA

A no contest plea is also called an Alford Plea, named after the famous case North Carolina v. Alford. By pleading "no contest," you are asserting your innocence but accepting that the prosecutor has enough evidence against you to likely convince a jury that you are guilty. This can prove helpful when there is a subsequent civil lawsuit.  

Sounds good right? But there is a unforeseen problem. Like it or not, your sentencing judge may not enjoy a no contest pleas. Many judges follow the notion that "No Contest pleas" undermine the trust in the judicial process. Specifically, Alford pleas can give off the perception that innocent people often plead guilty. 

Even more troubling to a judge is that an Alford plea allows guilty defendants to avoid accepting responsibility for their wrongs. It is much easier for a judge to justify a lesser sentence for an repentant criminal than an unrepentant one. 

Lastly, the U.S. Attorneys' Manual states that in the federal system, Alford pleas "should be avoided except in the most unusual circumstances, even if no plea agreement is involved and the plea would cover all pending charges." If you're in a federal or state court, the prosecutor will not offer you an Alford plea without asking for it first. 

Some believe that an Alford plea cannot be used in the court of future crimes or that when applying to jobs an Alford plea is not reported. FALSE! For future crimes, the guilty plea may or may not be used against the defendant, depending on the court that presides over the future crime. When applying for a job, the defendant is obligated to disclose that he/she has “plead guilty” to a crime. 

So remember, Alford pleas, a.k.a "no contest" pleas, are good in only a few circumstances, BUT they can cause the judge to begin sentencing with a bad taste in his mouth. An angry judge is a lot harder to convince than a sympathetic judge.