Non-mandatory means your violation doesn’t require you to appear before the judge to resolve it. Click the + icons below to see lists of non-mandatory charges as well as more information on specific types of violations.
List of Traffic Related Non-Mandatory Charges
Traffic offenses involving an accident are non-mandatory as long as no injury was noted as part of the accident.
The following are considered non-mandatory charges:
- Stop sign or red light violations
- Improper turns, lane travel, passing, signaling or backing
- Speeding 1 – 30 MPH over speed limit
- Speeding in construction zone 1 – 30 MPH over speed limit
- Speeding in school zone 0-19 MPH over speed limit (1st offense within 3 years)
- Handheld device violation
- Failure to secure load
- Careless driving
- Left lane restriction
- HOV violations
- Failure to reduce speed when approaching emergency vehicle
- Too fast for existing conditions
Other Non-Mandatory Charges
These non-mandatory charges do not allow for the deferred traffic prosecution option or traffic school option because they are not considered moving traffic violations. However, the options to pay to close or schedule hearing are still available.
- Animal at large
- Failure to license or vaccinate animal
- Denied license
- Expired license
- Never obtained license
- No license in possession
- Revoked license
- Suspended violation (non alcohol or drug related)
- Underage driving violations
- Open container
- Jaywalking
Some violations require an enhancement form be completed before you resolve your case. If your citation includes one of the violations listed in the black boxes below, please complete the form, then continue on to the options below.
#1
Pay to Close Option: Non-mandatory violations have the option to pay to close the case. The State Uniform Fine Schedule sets the fine amount including when accident, delinquent and warrant fees should be added. Please be aware that when you pay to close on a moving violation, points may be added to your driving record. If you want information on how to potentially avoid points, see the Deferred Traffic Prosecution and Traffic School options below.
If you know you want to pay your citation to close it, use this link to process your payment online: orem.gov/payments. Do not pay your citation first if you are wanting options #2, #3 or #4 below. You will be directed when to pay if you are approved for one of those options.
#2
State Court Options: The Utah State Court provides 2 options to resolve citations that meet specific qualifications. Both of these options require you to apply within 21 days of the citation. The court can’t provide any extensions on the time frames for these programs.
Deferred Traffic Prosecution – The deferred traffic prosecution statewide option allows for the dismissal of qualifying charges after completion of specific terms and conditions. You must hold a Utah driver’s license (no CDL) and be 21 years of age or older to apply. To learn more about this program, to see if you qualify or to apply, click this link: Deferred Traffic Prosecution.
Traffic Online Dispute Resolution (ODR) Program – This program allows you to negotiate traffic cases with the prosecutor without having to go to court. Traffic ODR is available for infraction cases that are deemed non-mandatory. Those with a CDL do not qualify for this program. To learn more about this program, to see if you qualify or to apply, click this link: Traffic ODR Program.
Please be aware that if you qualify for both the Deferred Traffic Prosecution and Traffic ODR Program you will need to pick which path you choose. Once you choose one, you will no longer be eligible for the other option.
If you want either of the State Court options, please do not pay the citation first. Wait until you are directed to pay. This allows for the correct information to be reported to the driver’s license division based upon your choice.
#3
Traffic School Option: This option is based upon eligibility. Typically those with a good driving record qualify. Please be aware that CDL holders do not qualify and should not apply for the traffic school option. The judicial assistants won’t be able to approve you if your citation involves the following: alcohol related offense, reckless driving, speeding 31+ mph, speeding double the posted limit or other mandatory violations that require an appearance before the judge. If you want to be considered for this option by entering into a plea in abeyance agreement, please use this link to apply: Traffic School Approval Request.
If you want the traffic school option, please do not pay the citation first. Wait until you hear back from the court about the status of your approval, that way it is reported to driver’s license correctly.
#4
Contesting a Citation: If you wish to contest your citation there are two options available.
Traffic Online Dispute Resolution (ODR) Program – As listed above in #2 this option allows you to negotiate traffic cases with the prosecutor without having to go to court. For more information see #2 above or click on this link: Traffic ODR Program
Schedule a Hearing – To schedule a hearing, please use this link to complete a Hearing Request Form or call the judicial assistants at 801-724-3900.
Inquiries on how a citation may affect your driver’s license should be directed to the Driver’s License Division at 801-965-4437 or at their website at dld.utah.gov.
Inquiries on how this citation may affect your private insurance should be made to your specific insurance company since it varies among insurance companies.