Legal Question in Traffic Law in Utah

I just received my citation today. I hit a patch of Ice on the highway and slammed into the opposite barrier. No one was around when it happened. The first officer that came along said that it happens all the time, but that he was going to turn the matter over to another police officer because he was out of his jurisdiction. the second police officer did not arrive for another 25 minutes, and surmised that I had left my lane of travel and gave me a citation for failure to travel in 1 lane. Can he do this if he didn't actually see me leave my lane of travel?


Asked on 12/11/09, 7:34 pm

2 Answers from Attorneys
Alvin Lundgren Alvin R. Lundgren, L.C.

The point is that you got the citation. You need to appear in court to oppose it. The officer will have to appear at trial or at a preliminary hearing to testify about the facts that he observed. He could testify that you stated you were in lane x and that then you struck the barrier. The conclusion is that you left your lane of travel. If you do not want to go to trial, ask for a plea in abeyance. You will pay a fine, but no record of the ticket will appear.

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Answered on 12/17/09, 7:32 am
Randy B. Birch Attorney at Law

He can cite you for whatever he thinks he can prove. As Alvin pointed out, if you do not fight it he wins by default.

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Answered on 12/17/09, 11:48 am


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