Aggressive Defense for Driving Crimes in Utah

Types of Hit-and-Run Crimes in Utah

Police officers in Utah have estimated that hit and run accidents have risen above 20% in the last ten years.

Crimes for hit and run accidents can be charged in any of the following ways:

• 41-6a-401(1)(b) – Fail to remain at the scene of the accident with property damage only
• 41-6a-401(2)(a) – Fail to give name and assistance, damage only.
• 41-6a-401(3) – Failure to report a reportable accident < $1,000
• 41-6a-401(4) – Failure to report an accident with an unattended vehicle, damage only.
• 41-6a-401.7(1) – Failure to give name assistance.
• 41-6a-401.7(2) – Failure to report accident.
• 41-6a-401.7(3) – Failure to give name assistance, operator incapacitated.
• 41-6a-401.7(4) – Failure to report an accident with an unattended vehicle.
• 41-6a-402 – Failure to make a written report of all accidents with more than $1,000 damage or personal injury accident.

Leaving the Scene

Being involved in a traffic accident is a very scary situation.  You may panic and be tempted to leave the scene. But, you will receive far less serious consequences if you wait for law enforcement and cooperate. Leaving the scene is a serious problem and will only add more problems to the situation.

Utah law states that if you are involved in an accident you have a legal duty to stop and wait for law enforcement. Depending on how serious the accident is you may have additional actions to follow up with. The seriousness of the charges directly depends on the seriousness involved in the accident.

If you leave the scene of an accident where there is nothing more than property damage you can be charged with a Class B Misdemeanor, up to 6 months in jail, and up to $1,000 in fines. Even if it was an unattended vehicle you have to make an effort to contact the owner or at least leave your information so that they can contact you. Failure to do so may result in additional charges. (UCC 41-6a-401)

If the accident involves an injury you are legally required to stop and help until medical persons arrive. Failure to can be charged as a Class A misdemeanor, up to a year in jail, and up to $2,500, but no less than $750, in fines. Although is the accident results in serious injury you could be charged with a 3^rd degree felony, and this could be up to 5 years in prison and up to $5,000 in fines. (UCC 41-6a-401.3)

The most serious accidents are the ones involving death. If you leave the scene of an accident with a death you will be charged with a 3^rd degree felony with up to 5 years prison and up to $5,000 in fines. Although it is more likely you will receive far worse charges is you leave the scene of this type of accident involving a death. (UCC 41-6a-401.5)

What to Do After

Aside from contacting your insurance company, first thing you’ll want to do is get the police involved and gather as much evidence as possible. If someone is fleeing the scene take out your phone or camera and take as many pictures and videos as you can. Type of car, color, look of the driver, and license plate is extremely helpful.

Sometimes, the police are unable to track down the perpetrator of the accident. This means you won’t have their insurance information to get the matter resolved. This is also why having as much evidence as possible will greatly help the police with your case.

 Driving Without Insurance

Utah has a unique and modified no-fault insurance law where all drivers are required to have liability and no-fault coverage. The injured parties can only file a claim after the it reaches at least $3,000. Insurance is an absolute must if you live in Utah or drive within the state for 90 days or more of the year. In order to proof that you have the valid and current insurance you have to carry a copy of your insurance card with you at all times you are operating a vehicle. Driving without insurance is a Class B misdemeanor with a fine of at least $400. Just one lapse in coverage can mark you as an uninsured driver.

Getting caught without insurance is mostly a financial burden but, can result in jail time. The Class B Misdemeanor is punishable by 0-180 days in jail with up to $1,000 plus a 90% surcharge. On a first offense the court is required to impose a fine of at least $400. On a second offense the judge must set a fine of at least $1,000. These are the statutory minimums, but the judge can impose additional fines as they see fit.

An additional consequence to driving without insurance is being required to carry SR-22 insurance for at least three years. This type of insurance can be extremely expensive.

Utah State Penalties

• Driver’s License Suspension: $30 Reinstatement Fee
• Vehicle Registration Suspension: $100 Reinstatement Fee
• Vehicle Impounded: Tow and Impound Fees
• Ticket on Your First Offense: $400 Minimum Fee
• Ticket on Further Offenses: $1,000 Minimum Fee
• At Fault Accident: $30 Minimum Fee