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The Law and Order Code of the Ute Indian Tribe of the Uintah and Ouray Reservation

Received: 1988

TITLE X - UTE INDIAN TRAFFIC CODE


§10-1-1. Utah Traffic Code and Insurance Provisions Incorporated.

(1) The following provisions of the Utah Code Annotated presently constituted or hereafter amended, shall apply to all persons subject to the jurisdiction of the Ute Indian Tribe:

(a) Chapter 41 of Title 31 of the Utah Code Annotated, 1953.

(b) Chapters 1, 2, 6, 8, 9, 12 of Title 41 of the Utah Code Annotated, 1953.

(2) Amendments, additions, or deletions to or from such provisions by the State of Utah after the enactment of this Law and Order Code shall become a part hereof for all purposes unless the Business Committee by ordinance or resolution specifically provides otherwise.

(3) Punishment for violation of such provisions shall be as follows:

(a) Negligent homicide and failure of the driver of an involved vehicle to stay at the scene of an accident involving injury or death, shall be Class A offenses.

(b) Driving under the influence of intoxicating liquor, reckless driving, and failure to stop at the command of a police officer shall be Class B offenses. Reckless driving shall be considered to be a lesser included offense of the offense of driving under the influence of intoxicating liquor.

(c) All other violations shall be Class C offenses.

(d) All provisions for the suspension or revocation of driver's licenses may be imposed in addition to any other punishment.

(4) Any of such provisions which by their nature would not apply to the Ute Indian Tribe or the Reservation are not incorporated herein.


§10-1-2. Citation in lieu of Arrest.

In the case of violations of the Traffic Code which are punishable as Class C offenses in which the person charged resides within the territorial jurisdiction of the Ute Indian Tribe, the accused shall not be taken into custody if he voluntarily signs a promise, printed on the citation, to appear before the Tribal Court, plus certification that he has had no other traffic citations or arrests within the previous six months, and, if in the judgment of the police officer involved, no arrest is necessary to protect the peace and safety of the offender, the Reservation, and its residents.


§10-1-3. Fine Schedule in Traffic Cases.

(1) Notwithstanding Rule 2 of the Ute Indian Rules of Criminal Procedure, in the case of violations of the Traffic Code which are punishable as Class C offenses, the Tribal Court may adopt a schedule of fines which may be paid in lieu of an appearance before the Court, to discharge the accused person 5 liability for such violation.

(2) The payment of a set fine in lieu of Court appearance, as described next above, shall not be available to any person who has plead or been found guilty of any traffic offense or paid such a fine for another traffic offense within the preceding six months. The Tribal Court may by rule direct the keeping of traffic records or the certification by the accused of his lack of prior traffic offenses, or both.


§10-1-4. Disposition of Non-Indian Offenders.

Whenever possible in cases in which no Indian person or property or interest of an Indian person or of the Ute Indian Tribe is involved, a non-Indian traffic offender may be taken before the non-Indian municipal or State courts for disposition.


§10-1-5. Recreational Vehicles.

The operation of snowmobiles and other all-terrain or recreational vehicles other than on public or Tribal roads or highways shall be governed by rules, regulations, and/or proclamations established under Title VIII of this Law and Order Code.

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