Talking on your phone while you’re operating your vehicle is not necessarily illegal in Utah. However, if you’re not careful, cell phone use may lead you to time behind bars whether you were talking or sending a text message.
Here’s what you need to know about driving while using your cell phone in Utah.
In Utah, there isn’t any one law that is called “distracted driving.” However, there is one about using a “wireless communication device.” In most cases, this is a cell phone, but it can also be a tablet, notebook, GPS, video player, or anything else that can exchange information.
Under Utah law, you are explicitly allowed to use your phone for voice communication. However, you can’t use it to access the Internet, send a message, input data, or even dial a phone number.
So while you are allowed to talk on the phone, you can still get in trouble if a police officer catches you dialing the number beforehand.
If you were caught using your cell phone while driving a vehicle — and you weren’t just talking on it — that is a class C misdemeanor. This means you can spend up to 90 days in jail with fines of up to $750.
The charge can also become a class B misdemeanor if you were convicted of the same crime within three years of the offense or if you caused “serious bodily injury. This can land you in jail for up to six months with fines of up to $1,000.
Talking isn’t the only thing you are allowed to do with your cell phone while you’re driving. You can also look at your phone’s map system for navigation. However, you should make sure to search for any addresses before you drive.
There are also three instances where you can dial a phone number while you are driving your car:
If you get arrested for using your cell phone while driving, you may also face other charges depending on the situation. The punishments for each of them can add up to more time behind bars.
However, a good lawyer may be able to help the charges get dropped or show a jury that you’re innocent of them.
There are two criteria that can warrant a reckless driving charge in Utah: driving at least 105 miles per hour or committing at least three traffic violations within three miles. One of those traffic violations may be using your cell phone. The other two can be a number of things, including speeding, going through a stoplight, or failing to use your turn signals.
Reckless driving is a class B misdemeanor.
If you cause the death of someone while using your cell phone in Utah, that is considered automobile homicide involving a handheld wireless communication device while driving. This happens if you are found to be driving negligently, and you’re violating Utah’s law about using a cell phone while driving.
This is a third-degree felony, which means up to five years in prison and up to $5,000 in fines. If you were found to be “criminally negligent,” you can end up with a second-degree felony — one to fifteen years in prison and up to $10,000 in fines.
Criminal negligence means you should be aware of a “substantial and unjustifiable risk” that the result — in this case death — will occur because of your actions. If you didn’t perceive it, that’s very different from what an ordinary person in similar circumstances would have done.
While talking on the phone while you’re driving is technically legal in the state of Utah, it might not be completely safe. In fact, a 2006 study by researchers at the University of Utah found that having a conversation on your phone while driving has similar effects to having a blood alcohol content of 0.08.
So even though you might not get in trouble for talking on your phone itself, it could lead to you getting a reckless driving charge. If you need to talk on your phone while you’re out on the road, it might be a good idea to stop somewhere.
If a police officer pulls you over for using your cell phone on the road, the best thing you can do is comply with requests while also maintaining your right to remain silent. You should give them your driver’s license, registration, and proof of insurance when they ask you. However, you don’t have to answer other questions such as, “Where are you going?” or “Why were you swerving back there?”
Police may arrest you, and if that happens, it’s important not to fight with them because that can lead to a class B misdemeanor. Instead, let them book you, pay your bail, and call a lawyer as soon as possible.
A good lawyer is someone who understands the legal process and can help you get the best outcome possible — whether you want to plead guilty or prove your innocence.
You should seek out a lawyer who has a lot of experience with your type of case. At Brown, Bradshaw & Moffat, you’ll find that with Kristin Wilson. She’s helped countless clients with DUI and reckless driving cases, and she would be happy to assist you.
To get started, tell us about your case, and our team will contact you with next steps.
