(1) A law enforcement officer may not cite or arrest a person solely because of a person's violation of a provision under Subsection (2) if the officer came into contact with the person because: (a) the person had requested or acted in concert with another person to request emergency medical assistance for a third party who reasonably appeared to be in need of medical care due to the consumption of alcohol; (b) the officer was responding to the request for emergency medical assistance; (c) the person provided to the officer the person's name and identifying information as requested by the officer; (d) the person remained at the location where the third party was located until emergency medical response personnel arrived at the location; and (e) the person cooperated with the emergency medical assistance personnel and law enforcement officers at the location.
(a) the person had requested or acted in concert with another person to request emergency medical assistance for a third party who reasonably appeared to be in need of medical care due to the consumption of alcohol;
(b) the officer was responding to the request for emergency medical assistance;
(c) the person provided to the officer the person's name and identifying information as requested by the officer;
(d) the person remained at the location where the third party was located until emergency medical response personnel arrived at the location; and
(e) the person cooperated with the emergency medical assistance personnel and law enforcement officers at the location.
(2) Offenses referred to in Subsection (1) are violations of: (a) Section 32B-4-403 regarding the unlawful sale, offer for sale, or furnishing of alcohol to a minor; (b) Subsection 32B-4-409(1) regarding the unlawful purchase, possession, or consumption of alcohol by a minor; and (c) Subsection 76-9-701(1) regarding intoxication when the offense involves consumption of alcohol.
(a) Section 32B-4-403 regarding the unlawful sale, offer for sale, or furnishing of alcohol to a minor;
(b) Subsection 32B-4-409(1) regarding the unlawful purchase, possession, or consumption of alcohol by a minor; and
(c) Subsection 76-9-701(1) regarding intoxication when the offense involves consumption of alcohol.
(3) An officer who declines to cite or arrest a person while acting in good faith under Subsection (1) is not civilly liable.
Copyright ©2024 LegalFix. All rights reserved. LegalFix is not a law firm, is not licensed to practice law, and does not provide legal advice, services, or representation. The information on this website is an overview of the legal plans you can purchase—or that may be provided by your employer as an employee benefit or by your credit union or other membership group as a membership benefit.
LegalFix provides its members with easy access to affordable legal services through a network of independent law firms. LegalFix, its corporate entity, and its officers, directors, employees, agents, and contractors do not provide legal advice, services, or representation—directly or indirectly.
The articles and information on the site are not legal advice and should not be relied upon—they are for information purposes only. You should become a LegalFix member to get legal services from one of our network law firms.
You should not disclose confidential or potentially incriminating information to LegalFix—you should only communicate such information to your network law firm.
The benefits and legal services described in the LegalFix legal plans are not always available in all states or with all plans. See the legal plan Benefit Overview and the more comprehensive legal plan contract during checkout for coverage details in your state.
Use of this website, the purchase of legal plans, and access to the LegalFix networks of law firms are subject to the LegalFix Terms of Service and Privacy Policy.