Posts Tagged ‘Class C misdemeanor’

Careless Driving in Utah

Utah Criminal Defense Blog, on the topic of  Humor, Utah Law
0comment

Did you know that you are guilty of careless driving, a class C misdemeanor, in Utah if you are shaving or putting on mascara while operating a motor vehicle and you commit a moving traffic violation other than speeding? (Speeding has its own consequences.) Although that may seem obvious to a lot of people, it may not be so evident to the man or woman who is attending to their personal hygiene on the way to work tomorrow.

Photo: Marc Flores

The problem with grooming yourself while driving is not just the possible side effects that may happen to you, but the potential accident waiting to involve other innocent drivers and bystanders you may literally come in contact with. The same can be said for those pesky cell phones. If you commit a moving traffic violation while using a wireless telephone or other electronic device, unless you are using a hands-free or listening-free feature, you may be sitting in a jail cell for up to 90 days.

Another situation to avoid while driving is becoming distracted while searching for an item in your vehicle. Again, you’ll likely be charged with a class C misdemeanor if you are caught searching while you make a traffic violation.

If you are convicted of any of these careless driving crimes and your actions result in the death of another person, you may also have your driver’s license revoked by a judge.

One bit of advice we can pass on is the easiest: keep your hands on the wheel and your eyes on the road—somebody out there cares about you and wants you to come home tonight. Our other advice is to call a Utah criminal defense attorney if you have been charged or may be charged with a crime in Utah. Nobody’s perfect. That’s why there are people who will help you with any legal situation, no matter the size, at a moment’s notice. Call an attorney today.

Off Road Vehicle Use in Utah

Utah Criminal Defense Blog, on the topic of  Question
0comment

Utah is a great place for using your off road vehicle, whether you like four wheelers in the summer or snowmobiles in the winter, as long as you follow the laws regulating the use of these machines. Keep in mind that it is a class C misdemeanor if you fail to adhere to any of the following laws.

Photo: Jennifer Leigh

• Before you head out for a day of fun, make sure that your off road vehicle (ORV) is registered with the Motor Vehicle Division for the current year. That means you need to have the appropriate registration papers and up-to-date registration stickers with/on your ORV.
• Stick to areas where ORV use is allowed. If you aren’t sure which public lands, streets, trails or highways are open to ORVs, and it isn’t posted, check with the agency in charge of the area for a map showing the designated open areas. If in doubt, don’t use you ORV anywhere it may be illegal.
• Interstate freeways or controlled access highways are off-limits to ORVs.
• Snowmobiles may be operated on streets or highways which have been officially closed for the season to conventional motor vehicle traffic because snow removal is no longer provided for the season by the public authority having jurisdiction.
• If you have someone under the age of 18 operating or riding on an ORV, make sure that he is wearing the appropriate safety headgear. It’s the law, and it makes sense to protect that individual.
• Get permission from the appropriate agency or landowner if you want to promote and hold an ORV race or organized event.
• Generally, a child under the age of eight may not operate an ORV in Utah. An exception is that a child under eight-years-old may participate in a sanctioned race or organized practice if an adult is immediately supervising the child and there are emergency medical personnel and an ambulance present at the race.

If you have any questions about these laws or any others, particularly if you’ve been charged with a crime, consult a Utah criminal defense attorney today.

Lying to a Utah Cop

Jesse Nix, Utah Criminal Defense Lawyer, on the topic of  Dealing with Police
0comment

If a Utah cop wants to ask you questions, remember that you can always refuse to answer questions.  If you do choose to talk to a cop, or the cop says that you have to speak with him because you are detained, there are a two things you cannot do.

You cannot lie to the cop about yourself.  It is a Class C misdemeanor if you give the police officer a false name, false birthdate, or false address.  If the cop asks about any of those, you should truthfully answer to protect yourself from being charged with giving false information to a peace officer.  It is a Class A misdemeanor if you represent yourself as another person to a police officer when he asks about your identity.  If you give the cop someone else’s name, birthday, or address, you can be charged with a more serious crime.

You cannot fail to disclose your identity.  It is a class B misdemeanor to refuse to give a cop your name if he demands it.  Remember, the time to fight a charge is in court, not during your police stop.

If you have been charged with giving false information to a peace officer or failure to disclose identity, contact an experienced Utah criminal attorney who can help defend you against this charge.

See Utah Code § 76-8-507 & 76-8-301.5