General Information on Criminal / Traffic Matters

General Information for Traffic Matters

If you have been charged with committing a traffic violation in Summit County, the following information may help you through the criminal justice system. Bear in mind that traffic violations are criminal matters by nature. The Court follows all applicable rules, statutes, and codes governing trial procedure. However, the following general information is provided as a guide to assist you. For specific legal advice concerning your case, you must consult an attorney. Neither the Court nor the clerk may provide legal assistance to you.

Every time you arrive for court, you should check in first with the court clerks at the front counter. Additional information may be provided to you by the clerks concerning your hearing or case. Usually, you will be sent to a room to watch a short video explaining the court proceeding and your Constitutional Rights.

What's the difference between Non-Mandatory Appearance Matters & Mandatory Appearance Matters?

Some traffic violations have been designated as non-mandatory appearance matters. If you are cited for violating a traffic ordinance for which your appearance in court is not mandatory, you may contact the Court to find out the amount of the bail for your offense(s). If you do not dispute the citation, you may choose to simply pay the bail amount. You may pay by check, money order, or via credit card. If paying by check you may either mail the payment to the court, or appear in person at the court during regular business hours. Credit card payments can either be applied online, or you may call the court directly at (435) 615-3802. If you would like to pay by cash, you must come to court during regular business hours. If you do not post bail within fourteen days, a late fee will be assessed and a warrant for your arrest may be issued. If you wish to dispute the citation or if you are cited for violating a traffic ordinance for your which appearance in court is mandatory, you must appear at the Court in not less than five (5) days and not more than fourteen (14) days after issuance of the citation. When you appear at the Court, you may set a date for your matter to be heard by the Court.

You must come to Court on the date and at the time set by the court.

Failure to appear for your arraignment will result in a warrant being for your arrest. Utah State law requires that all convictions be forwarded to the Department of Public Safety, Driver's License Division. The only way to keep a ticket off your record is not to be convicted on the ticket. If you are found not guilty after trial, you will not have a conviction. If you qualify for a plea-in-abeyance and successfully complete you plea-in-abeyance agreement, there will be no conviction entered on your driving record.

What is an Arraignment?

The first step in the judicial process for traffic matters is an arraignment. You may waive your right to an arraignment. At the arraignment, you will be notified of the charge(s) brought against you, the location, the date and time at which the crimes are alleged to have occurred. You may enter a plea of guilty, not guilty or no contest at this time. You are not required to enter a guilty at this time.

A video presentation explaining your Constitutional rights will be played. In addition, a waiver of Constitutional Rights Form is available for you to read . You should also bring with you any documents or records which will help you, such as proof of registration, proof of insurance, driver's license, and of repair (in the case of equipment violations).

You may request appointment of an attorney to represent you. An attorney will only be appointed to assist you if you cannot afford one and your offense is jailable if convicted. Attorneys are rarely appointed in traffic matters as most traffic offenses are not jailable.

If an attorney is not appointed, you must hire your own attorney or represent yourself. If an attorney is appointed, you may be required to repay some or all of the cost of an attorney. If you plead guilty or no contest, you have the right to delay hearing your sentence for two days but not more than 45 days, but you may waive that time and be sentenced at arraignment. If you plead guilty or no contest, you will be giving up important Constitutional rights.

Be sure that you fully understand the rights you will give up before you enter your plea.

If you plead not guilty, your case will be set for a pretrial. A pretrial conference is helpful if there is evidence available which can be used to resolve a charge without a trial, such as providing proof of insurance, driver's license or registration.

What is a Pretrial Conference? 

If your matter is set for a Pretrial Conference, you will have the opportunity to discuss your case with the prosecutor. The prosecutor may offer to reduce the charge in exchange for your guilty plea or no contest plea ("plea bargain"). The prosecutor is not obligated to offer a plea bargain and you have no right to a plea bargain. You are not obligated to accept the offer made by the prosecutor. The Court will not reduce the charge against you on its own motion. If you and the prosecutor are unable to resolve your case at the pretrial conference, your case will be set for a jury trial or bench trial. The pretrial conference provides you a chance to show the prosecutor any evidence which might convince the prosecutor to reduce or dismiss your charge(s). For example, you may have proof of a driver's license or registration. You may have proof of insurance or a receipt showing repair of an equipment violation. 

After reviewing your evidence/proof, the prosecutor may offer to reduce or dismiss your charge(s). Again, the prosecutor is not obligated to do so, nor are your obligated to accept their offer. If you are unable to resolve the matter, a trial will be scheduled. 

What are the procedures and rules for trial? 

In a bench trial, the Court will hear the evidence presented by both sides, then decide whether you are guilty or not guilty. In a jury trial, a panel of four jurors will hear the case, then they will decide if you are guilty or not guilty. You only have a right to a jury trial if you can be jailed if found guilty. Usually, traffic offenses are not eligible to be heard by juries. Non-lawyers who desire a jury trial are encouraged to 1) get an attorney or 2) study the applicable rules, laws and codes governing jury trials. You can jeopardize your rights or liberty if you do not follow the rules. Since the prosecution has the burden of proof to prove their case beyond a reasonable doubt, they have the first opportunity to speak to the court. This is called an opening statement, the defense has the option to make their opening statement at this time, or wait until the beginning of their turn to present evidence & witnesses.

The opening statement is an opportunity to briefly describe the types of evidence and what you hope the evidence will mean to the Court or the jury. Neither side is required to make an opening statement. After the opening statements, the prosecution presents its "case-in-chief". The prosecutor will offer evidence to prove that a crime was committed and that you committed the crime. 

After the prosecution is done, you will have the opportunity to present your side of the story, but you are presumed innocent and are not required to testify or present evidence. Either side may present testimony by witnesses or submit documents, subject to the Utah Rules of Evidence and the Utah Code and Rules of Criminal Procedure. After your finish presenting your side of the story, then both sides will have the opportunity to rebut the other side. This is done by presenting additional testimony or evidence. Again, the prosecutor goes first, then you will have a chance to speak. After each side is done, closing arguments are made. 

During closing arguments, each side will have the opportunity to tell the Court why they are right. The prosecution gets to speak first, then you will get to argue your case, followed by a final argument by the prosecution. The case is then submitted to the Court or jury for a determination as to guilt. 

If you are found not guilty, then you are free to go and the proceedings end. If you are found guilty, then you will have the right to be sentenced in not less than two days nor more than forty-five days. In most cases, you may waive this right and receive your sentencing immediately.