The Crime of Road Rage in Utah | Road Rage Enhancements Explained
The Crime of Road Rage
I. Introduction
You had a bad day and you’re driving northbound on I-15 when suddenly someone cuts you off and slams their breaks. This ignites an anger in you and you speed up to the other driver and shake your fist and scream at him. After this outburst, you drive away hoping to never see him again. Like you would with any other driver.
A few miles go by and you get pulled over by highway patrol. They handover your citation and in bold letter it states road-rage. What does that mean and what should you do?
II. What Classifies as “Road Rage?”
a. An Enhancement
The name “road rage” is a bit misleading. One could reasonably think that you couldn’t be mad while driving. However, that is not the case. “Road rage” is located in Utah Code § 76-3-203.17 and it is not a per se violation; meaning that it is not a crime in and of itself. Instead, it is an enhancement of an already criminal act. It is a statutory mechanism that increases the severity of the crime from an underlying offense.
Utah Code § 76-3-203.17(2) states:
If the trier of fact finds that an actor was an operator or passenger of a vehicle and the actor committed an offense 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 actor is guilty of:
a) A class A misdemeanor if the actor is charged with an offense that is designated by law as a class B misdemeanor;
b) a third-degree felony if the actor is charged with an offense that is designated by law as a class A misdemeanor;
c) a third-degree felony if the actor is charged with an offense that is designated by law as a third-degree felony; or
d) a second-degree felony if the actor is charged with an offense that is designated by law as a second-degree felony.
If the underlying crime committed would have been a Class B misdemeanor (subject to 180 days in jail and a $1,000 fine), but you met the statutory language, you would be charged with a Class A misdemeanor (subject to 364 days in jail and a $2,500 fine).
b. Intent Requirement
Does that mean if you commit a crime in a car while you’re mad, your crime is automatically escalated? Absolutely not.
The key phrase in section 76-3-203.17(2) is “with the intent to endanger or intimidate an individual in another vehicle.” Emphasis on the word intent.
The State must prove every element of the underlying crime, plus the intent to endanger or intimidate another. Simply one additional element of a crime can expose you to 364 days in jail or more in prison. Needless to say, the stakes are high.
III. What Should I Do?
If you get cited for road rage, that means your crime has statutory layers. You are not just handling one complicated statute, but at least two. It is important that you contact our office and speak with our attorneys who understand and have experience in solving this multilayered legal problem.
Contact or text us today at 801-373-6345
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