State by State LJ Penalties...

Discussion in 'General Laser Jammer Discussion' started by hammerdown, Jan 28, 2018.

  1. sdrawkcab

    sdrawkcab sdrawkcaB|Backwards Beginner User Premium Member

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    Utah
    This information was last confirmed and or updated June, 2018.

    Law
    Utah Code 41-6a-609
    Title 41 Motor Vehicles
    Chapter 6a Traffic Code
    Part 6 Speed Restrictions
    Section 609 Radar jamming devices and jamming radar prohibited -- Defense -- Exceptions -- Penalties.
    Effective 5/10/2016


    • (1) As used in this section, "radar jamming device" means any instrument or mechanism designed or intended to interfere with the radar or any laser that is used by law enforcement personnel to measure the speed of a motor vehicle on a highway.
    • (2)
      • (a) A person may not operate a motor vehicle on a highway with a radar jamming device in the motor vehicle.
      • (b) A person may not knowingly use a radar jamming device to interfere with the radar signals or lasers used by law enforcement personnel to measure the speed of a motor vehicle on a highway.
    • (3) It is an affirmative defense to a charge under Subsection (2)(a) that the radar jamming device was in an inoperative condition or could not be readily used at the time of the arrest or citation.
    • (4) This section does not apply to law enforcement personnel acting in their official capacity.
    • (5) A person who violates this section is guilty of an infraction.

    Penalty

    In Utah an infraction caries a default maximum of $750 fine + surcharge. 41-6a-609 is listed as having a recommended bail fee of $100 with a surcharge rate of 35%, however it is marked as a non-moving violation meaning no surcharge rate applies. A mandatory court appearance is not required. Summary: Most likely $100 but could potentially go up to a maximum of $750.

    Thoughts:

    Just my thoughts (which are not legal advice and should not be taken as legal advice): According to subsection (3), If your device(s) were not operational at the time, it is an affirmative defense. See subsection (3) above. As this is a criminal code and associated violation, if you were to challenge in court a charge of violating Utah Code 41-6a-609, the state would have the burden of proving that your device was operational at the time, and must prove it without any doubt.
     
    Last edited: Jun 18, 2018