Current through the 2024 Fourth Special Session
Section 41-6a-513 - Acceptance of plea of guilty to DUI - Restrictions - Verification of prior violations - Prosecutor to examine defendant's record(1) An entry of a plea of guilty or no contest to a criminal charge under Section 41-6a-502 is invalid unless the prosecutor agrees to the plea: (c) by another means of communication which the court finds adequate to record the prosecutor's agreement.(2)(a) Prior to agreeing to a plea of guilty or no contest under Subsection (1), the prosecutor shall examine the criminal history or driver license record of the defendant to determine if the defendant's record contains a conviction, arrest, or charge for: (i) more than one prior violation within the previous 10 years of any offense that, if the defendant were convicted, would qualify as a conviction as defined in Subsection 41-6a-501(2);(ii) a felony violation of: (A) Section 41-6a-502; or(B) Section 76-5-102.1; or(iii) a violation of Section 76-5-207.(b) If the defendant's record contains a conviction or unresolved arrest or charge for an offense listed in Subsection (2)(a), a plea may only be accepted if: (i) approved by: (B) a deputy district attorney;(D) a deputy county attorney;(E) the attorney general; or(F) an assistant attorney general; and(ii) the attorney giving approval under Subsection (2)(b)(i) has felony jurisdiction over the case.Amended by Chapter 116, 2022 General Session ,§ 6, eff. 5/4/2022.Amended by Chapter 70, 2020 General Session ,§ 1, eff. 5/12/2020.Renumbered and Amended by Chapter 2, 2005 General Session.