How to Negotiate a Plea in Abeyance for Speeding Tickets in Utah Courts

Getting pulled over for speeding on I-15 or local roads in Utah can result in hefty fines and long-term consequences. The Utah Driver License Division, Salt Lake City operates on a strict points system. Accumulating 200 points (or 70 points if you are under 21) within three years leads to a mandatory license suspension. Fortunately, Utah law provides a powerful tool called a Plea in Abeyance (PIA) to help drivers protect their records. By working with a local traffic lawyer from our directory, you can often negotiate this agreement to completely dismiss the ticket.

The Plea in Abeyance Process for First-Time Offenders

Under Utah Code § 77-2a-1, a Plea in Abeyance allows a judge to pause a guilty or no-contest plea. Instead of entering a conviction on your driving record, the judge holds the plea 'in abeyance' for a specific probationary period, usually 6 to 12 months. During this time, you must comply with court orders, such as taking a traffic safety class and paying a court fee. If you succeed, the court dismisses your case entirely. This means zero points hit your driving record, and your auto insurance company never sees a conviction.

Standard Speeding Violations

For a standard speeding ticket-such as going 15 mph over the limit in a non-school zone-first-time offenders have a high success rate when requesting a PIA in justice courts like the Salt Lake City Justice Court, Salt Lake City or the Provo City Justice Court, Provo. Prosecutors are generally willing to offer this agreement to drivers who have clean records for the past 24 months, as it saves the court the time and expense of a trial.

Minor Moving Violations vs. Extreme Speeding

A PIA is commonly used for minor moving violations like failing to signal, running a stop sign, or speeding up to 19 mph over the limit. However, if you are caught doing 90 mph in a 65 mph zone, or speeding in a school zone or construction zone, prosecutors are far less likely to offer an abeyance. In extreme speeding cases, your attorney will have to vigorously negotiate or find flaws in the police officer's radar evidence to secure a PIA agreement.

Strict Eligibility Requirements and CDL Exclusions

Not everyone qualifies for a PIA. Drivers are generally ineligible if they have already had a traffic citation dismissed through a PIA within the prior 12 to 24 months. Furthermore, under the federal anti-masking rule, 49 C.F.R. § 384.226, and Utah Code § 53-3-414(13), commercial driver license (CDL) holders are strictly prohibited from receiving a Plea in Abeyance or masking convictions for any moving traffic violation, even if operating a personal vehicle at the time. For commercial operators, negotiating an amendment to a non-moving violation or contesting the citation in court represents the only viable path to protecting their driving record.

Step-by-Step Guide to Securing a PIA

Navigating the justice court system requires proper procedure. Here is how you and your lawyer can secure this agreement.

Step 1: Request a Hearing

Paying a citation online typically acts as an automatic admission or guilty plea, resulting in points assessed against the driver license. Drivers generally need to contact the court listed on the citation within the statutory period indicated (often within 14 days) to request a pre-trial conference or a formal hearing.

Step 2: Negotiate with the Prosecutor

At the pre-trial conference, your attorney will speak with the city or county prosecutor. They will highlight your clean driving history and propose the Plea in Abeyance. If the prosecutor agrees, they will draft the formal agreement.

Step 3: Sign the Agreement and Pay Fees

The driver executes the formal written agreement, which is then submitted to the judge for official approval. Upon entering the agreement, the judge orders payment of the court abeyance fee. Drivers must also satisfy any ordered conditions, such as completing an online traffic safety course approved by the Utah National Safety Council.

Step 4: Complete the Probationary Period

Defendants must satisfy all probationary conditions throughout the 6 to 12-month abeyance term without committing any new traffic violations. Once the probationary term concludes and all conditions are verified, the court clerk automatically enters a complete dismissal of the citation.

How Much Does it Cost in Utah?

While a PIA saves you from long-term insurance rate hikes, it still requires upfront costs.

How Long Does the Process Take?

Securing the agreement usually takes 3 to 6 weeks from the date the ticket was issued, depending on court scheduling backlogs. The probationary period holds the charge in abeyance for 6 to 12 months. All court fees and traffic school certificates must be finalized and submitted prior to the expiration of the abeyance period.

Frequently Asked Questions (FAQ)