Enhanced Penalties for Road Rage Incidents
Utah’s legislature voted to enact enhanced penalties for crimes that are committed in connection with a road rage incident. Under Utah Code 76-3-203.17, a road rage enhancement applies to crimes committed “in response to an incident that occurred or escalated upon a roadway and with the intent to endanger or intimidate an individual in another vehicle.”
Enhanced penalties for a conviction related to road rage can include:
- increased offense conviction levels;
- longer prison sentences;
- mandatory license suspension for at least a year;
- higher mandatory fines; and
- substantial impound and vehicle storage fees.
Felony Enhancements and Additional Prison Time
For class B and class A misdemeanor charges, the enhancement increases the level of the charge by one step — turning a class B misdemeanor into a class A, and turning a class A into a third-degree felony. The enhancements do not apply to charges that could otherwise be filed as infractions or class C misdemeanors.
For felony charges, the enhancement does not change the level of the offense but adds an additional year to the bottom end of any indeterminate term of imprisonment. A third degree felony goes from 0-5 years to a 1-5 year prison term. A second degree felony goes from a 1-15 to a 2-15 year prison sentence. Courts still retain discretion to grant probation and suspend the prison time, but the minimum time served is increased if prison time is imposed.
Other Potential Penalties
Section 203.17 also imposes mandatory minimum fines of at least $1,000 for any felony conviction, and a minimum of $750 for any class A misdemeanor that would have otherwise been a class B.
The court can order a driver license suspension of up to one year. Even if the judge does not order suspension, the court must still send notice to the Driver License Division, which may then enter its own suspension or revocation order.
Police are also authorized to impound vehicles involved in a road rage event. An owner may have to pay substantial impound and storage fees in order to get the vehicle released.
No New Crime Created
The enhancement statute does not establish any new road rage crime. But it can potentially turn a relatively minor traffic incident into a much more serious criminal case.
Conduct commonly associated with road rage includes:
- excessive honking;
- flashing headlights; and
- shouting or making rude gestures.
Section 203.17 specifically states that it is not intended to “affect or limit any individuals constitutional right to lawful expression of free speech….” However, other acts associated with road rage are already illegal and the new statute increases potential penalties for such actions. These include:
- tailgating (following too closely);
- cutting off other drivers and making abrupt illegal lane changes;
- making threats;
- brandishing a weapon; and
- physical altercations (assault).
A driving pattern that is sufficiently severe could qualify for a criminal charge of reckless endangerment — normally a class A misdemeanor, but under the enhancement statute it becomes a third degree felony.
Why the Legislature Passed the New Laws
The most serious road rage incidents can culminate in assault charges, aggravated assault, manslaughter, attempted murder, or murder. Statistics indicate that there has been a significant increase in the number of road events in Utah over the last several years.
The Legislature’s intent in passing the new laws seems to be two-fold: 1) increase penalties for crimes related to road rage; and 2) encourage awareness and educational efforts to reduce the number of incidents.
What should I do…?
First – Avoid getting involved in confrontations with other drivers. Take a deep breath, center your thoughts on what really matters, stay focused on driving safely. Don’t lose your cool.
Second – If something happens and police get involved, remember your Fifth Amendment right to remain silent AND remember to get advice from a good defense attorney as soon as possible.
How to Find the Right Attorney
The Legislature has made it clear that it takes road rage and related crimes seriously. If you are facing criminal prosecution, having the right defense attorney on your side can be critical.
Contact us directly to see how our defense team can make a real difference for you.