Consequences for Road Rage Crimes
Staying safe on the road can be a matter of life and death. Getting angry while driving (aka road rage) can lead to enhanced criminal charges in Utah, even if there is no accident or actual injury.
In 2024, Utah enacted statutory enhancements for crimes related to road rage that apply to both drivers and passengers. The new law can raise the level of offense charged and increase mandatory prison terms, fines, and other consequences. Enhancements are based mainly on alleged intent or mental state. So having a good attorney is important.
The best defense attorneys challenge the status quo through ethical advocacy both in and out of the courtroom.
What triggers a road rage enhancement?
Section 76-3-203.17 creates penalty enhancements in cases where either the driver or passenger commit a crime “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.”
The statute does not create a new crime or category of offenses. Instead, it applies more severe penalties when a crime is committed as part of a road rage incident.
What are the enhancements?
For misdemeanor crimes, the road rage enhancement increases the level of the offense by one step. A class B misdemeanor becomes a class A charge. A crime that is already a class A misdemeanor becomes a third degree felony.
The best attorneys understand your case involves more than just what happens in court.
Felony charges remain at the same level, but are subject to a one-year increase in the minimum length of a prison sentence and a mandatory minimum fine of $1,000. The court still has authority to suspend execution of a prison sentence and instead impose probation under appropriate circumstances.
In addition to sentencing enhancements, the Utah Driver License Division may revoke a person’s driver license. The court can also order a driver license suspension of up to a year if the license is not already being revoked.
What are the intent elements of the enhancement?
Many penalty enhancements are based directly on specific actions taken or on actual results that occur. For example, a misdemeanor assault charge can be enhanced to felony aggravated assault if the person uses a weapon or causes serious injury.
Understanding your goals is the first step to developing the best defense strategy.
The road rage enhancements are based almost entirely on the mental state or intent of the person who is charged. Two separate intent elements are required:
- the crime must be committed “in response to” an incident that occurred on the road or an escalation of an incident that occurred prior to getting on the road; and
- the crime must be committed “with the intent to endanger or intimidate an individual in another vehicle.”
What does a prosecutor have to prove?
The prosecution carries the burden of proof in any criminal case. This means that police and prosecutors have to present evidence of both the underlying charges filed and also of any additional enhancements.
Who determines when the road rage enhancement applies?
The prosecutor has discretion in deciding whether to file the enhancement, and must provide written notice in the charging information that the charge is subject to the road rage enhancement.
“Fighting Hard” is not always the right answer. The best attorneys understand when a more strategic approach can be more effective.
Before the increased penalties can be imposed, the statute requires that “the trier of fact” must make any factual determinations. In a jury trial, the jury is the finder of fact. The judge serves as the finder of fact in a bench trial.
What should I do if I am charged?
Finding a good criminal defense attorney should be one of your very first steps if you find out that you are being criminally charged in Utah. Even if police “just want to talk” with you, getting good advice from a qualified attorney is a smart first step.
Contact us directly to see how our defense team can help you.
