Watch out if you are cited for speeding in a school zone or cross walk in Utah. The maximum speed in a school zone is 20 mph. Utah has increased fines and sentencing requirements—understandable so. It is dangerous to speed around children.
A violation of speeding in a school zone is a Class C Misdemeanor with up to 90 days in the county jail and a fine. Normal speeding, even enhanced speeding over 100 mph are still infractions.
Utah school zone speeding violations have increased fines for first offense and second offense.
First offense shall be calculated according to the following schedule:
Second and subsequent offense within three years of a previous conviction or bail forfeiture shall be calculated according to the following schedule:
If you are convicted of speeding in a Utah school Zone at more than 11 miles per hour over you will be required to observe cross walk duty. The court can waive this, but it has to waive it on the record and for good cause.
Years ago speeding in Utah used to be a class C misdemeanor. Now most all speeding citations are simple Infractions. Infractions don’t carry any jail time, whereas a class C carries up to 90 days. If you are convicted of speeding a Utah school zone you will have to report that on many financial, housing and employment applications. Discerning recipients of your disclosure will understand, but not all.
Keep your criminal record clean and keep misdemeanors off your record.
Around 2022-23 Utah passed a traffic expungements law. The normal waiting period for pure traffic only expungements is 3 years from when the case closes.
See this article on Utah’s traffic expungements.
The lookback period for prior school zone speeding violations is 3 years. Enhancements are just a greater fine and normal assessment of points.
See this article on Utah’s over and under 21 points system.
As mentioned above, school zone speeding offenses are taken seriously by the Utah Legislature, prosecutors and justice court judges.
Jury Demand. Because school zone speeding offenses carry a class C misdemeanor the jury right attaches. One strategy is to demand a jury trial and likely the prosecutor will amend down to an infraction to avoid your jury right. The jury right does not apply to infractions.
A jury of peers is the greatest device ever conducted for finding the truth in public disputes.
402 Sentence Reduction. Another strategy is to obtain a stipulation to a 76-3-402 sentence reduction after a small probationary period. A sentence reduction
402 is where you unilaterally file a motion to reduce from a class C misdemeanor to an Infraction or file an agreed to motion to reduce to an infraction after a certain period of citation free driving.
Plead Down to Less than 30 mph. Lastly to avoid the cross walk observatory service, you can just plead down to a speed less than 30 mph. Speeds over 30 mph require mandatory observance of cross walk duty as part of your sentence. Speeds under 30 mph eliminate that requirement.
41-6a-604 Maximum speed in a school zone — Penalty — Minimum fines — Compensatory
service — Waiver — Recordkeeping.
(1) A person may not operate a vehicle at a speed greater than 20 miles per hour in a reduced
speed school zone as defined in Section 41-6a-303.
(2)
(a) A violation of Subsection (1) is a class C misdemeanor and the minimum fine:
(i) for a first offense shall be calculated according to the following schedule:
Vehicle Speed Minimum Fine
21 – 29 MPH $ 50
30 – 39 MPH $ 125
40 MPH and greater $ 125
(ii) for a second and subsequent offense within three years of a previous conviction or bail forfeiture shall be calculated according to the following schedule:
Vehicle Speed Minimum Fine
21 – 29 MPH $ 50
30 – 39 MPH $ 225
40 MPH and greater $ 525
(b)
(i) Except as provided under Subsection (2)(a)(ii), the court may order the person to perform
compensatory service in lieu of the fine or any portion of the fine.
(ii) The court shall order the person to perform compensatory service observing a crossing guard if the conviction is for a:
(A) first offense with a vehicle speed of 30 miles per hour or more; or
(B) second and subsequent offense within three years of a previous conviction or bail
forfeiture.
(iii) The court may waive the compensatory service required under Subsection (2)(b)(ii) if the court makes the reasons for the waiver part of the record.
(3) The Driver License Division shall develop and implement a record system to distinguish:
(a) a conviction or bail forfeiture under this section from other convictions; and
(b) between a first and subsequent conviction or bail forfeiture under this section.
(4) The provisions of this section take precedence over the provisions of Sections 41-6a-601,
41-6a-602, 41-6a-603, and 76-3-301.
Renumbered and Amended by Chapter 2, 2005 General Session
