41-6a-512. Factual basis for alcohol or drug-related reckless driving plea.
(1) (a) The prosecution shall state for the record a factual basis for a plea, including
whether or not there had been consumption of alcohol, drugs, or a combination of both, by the
defendant in connection with the violation when the prosecution agrees to a plea of guilty or no
contest to a charge of a violation of the following in satisfaction of, or as a substitute for, an
original charge of a violation of Section 41-6a-502 for an offense committed before July 1, 2008:
(i) reckless driving under Section 41-6a-528; or
(ii) an ordinance enacted under Section 41-6a-510.
(b) The statement under Subsection (1)(a) is an offer of proof of the facts that shows
whether there was consumption of alcohol, drugs, or a combination of both, by the defendant, in
connection with the violation.
(2) The court shall advise the defendant before accepting the plea offered under this
section of the consequences of a violation of Section 41-6a-528.
(3) The court shall notify the Driver License Division of each conviction of Section
41-6a-528 entered under this section.
(4) (a) The provisions in Subsections 41-6a-505(1), (2), and (3) that require a sentencing
court to order a convicted person to participate in a screening, an assessment, or an educational
series or obtain substance abuse treatment or do a combination of those things, apply to a
conviction for a violation of Section 41-6a-528 under Subsection (1).
(b) The court shall render the same order regarding screening, assessment, an educational
series, or substance abuse treatment in connection with a first, second, or subsequent conviction
under Section 41-6a-528 under Subsection (1), as the court would render in connection with
applying respectively, the first, second, or subsequent conviction requirements of Subsections
41-6a-505(1), (2), and (3).
Amended by Chapter 226, 2008 General Session
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Last revised: Thursday, May 01, 2008