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What are my options for reckless driving? Utah

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utahstate1

Junior Member
What is the name of your state? Utah

I was pulled over on August 22, 2006 and issued a citation for aggressive/reckless driving. I was heading northbound on I-15 in Utah, in the 2nd lane from the right. There was a semi truck to the right of me when a 2nd semi merged onto the freeway cutting off the 1st semi truck. He then cut in front of me forcing me to slam on my brakes. As it was rush hour traffic, I moved over into the right lane and passed the truck (I know, no passing on the right...guilty of that. But being in a little Geo Metro I wanted to pass him as I couldn't see and didn't feel safe, the right side was my only option.) As I passed the truck the right lane started to slow down, I checked my mirrors, signalled and moved over in front of the semi. I had plenty of room, but all the cars in front of me were now braking. I too had to apply my brakes. At this time a police officer pulled me over and cited me for reckless/aggressive driving saying that I had retaliated against the semi for cutting me off first. I tried to explain that wasn't the case, but I still received the citation.

My question is this...what are my options in Utah? I understand it is a BIG fine, but I feel that I didn't do what the officer cited me for. I see other cars do this on a daily basis and feel that I was in the wrong place at the wrong time as the city I was in was pulling over cars left and right. (The real reason for the slow down on the freeway ended up being because they had pulled over other cars ahead of me) What am I best to do...plead guilty and take the fine? Or fight it? Plead no contest? This is my first time having anything like this other than a speeding ticket. Help!
 


cepe10

Member
There is no sense in pleading guilty or no-contest, unless you want to try and get probation before judgement but i don't remember iof that is even given out much in Ut.

Your argument may be persuasive. the LEO is going to have to prove intent, which in rush hour traffic and assuming normal traffic interaction is going to be farily difficult to show "beyond any reasonable doubt"

Looks to me like passsing on the right was OK on I-15

41-6a-705. Passing upon right -- When permissible.

(1) The operator of a vehicle may overtake and pass on the right of another vehicle only:
(a) when the vehicle overtaken is making or preparing to make a left turn; or
(b) on a roadway with unobstructed pavement of sufficient width for two or more lines of vehicles moving lawfully in the direction being traveled by the overtaking vehicle.
(2) The operator of a vehicle may overtake and pass another vehicle on the right only under conditions permitting the movement with safety.
(3) The operator of a vehicle may not overtake and pass another vehicle if the movement is made by driving off the roadway.

Renumbered and Amended by Chapter 2, 2005 General Session
 

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