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have in the past few months sat in many justice courts in Utah. Although court procedures are somewhat the same, the use of Plea in Abeyance differs from one court to another. The thought process of both the prosecutor and the judge determines the use of Plea in Abeyance.
Plea in Abeyance is a great tool that not only allows justice but also, where appropriate, mercy. I have seen how it expedites cases, reduces court costs and increases offenders' compliance rates. With most courts charging a $50 Plea in Abeyance fee, it doesn't become a prohibitive cost to the courts.
Driving without insurance is a problem for offenders, communities and the courts, but there are concerns. What is the best possible solution? What can meet the demands of justice for all involved? Do first time offenders get an opportunity to correct their problem or do you impose penalties that may make it harder to comply?
The key to this issue is the high cost of SR22 insurance and possible revocation of driver's licenses. After sitting in many courts and observing what happens in these types of cases, I will give my opinion on what, I feel, is best for all involved. My recommendations are for first time offenders only.
1. Most people driving without insurance are doing so because of existing financial problems. The cost of SR22 can be so expensive that it almost sets them up for failure which becomes a lose/lose situation' for everyone.
2. Although insurance companies don't give out figures, it is estimated that 30 to 40% of those who start SR22 drop it and join the ranks of the thousands of drivers in Utah who drive without insurance.
3. SR22 insurance is two to three times more expensive than regular insurance. If offenders can pay less on insurance that may also make it easier to pay their court fines. They are less likely to go to warrant if they are able to comply with their court order. This seems to be a win/win option.
4. The ACCI Driver Responsibility Course for Home Study (DRC/HS) seems to naturally fit into the Plea in Abeyance option. Its 56 pages and takes on the average 12 hours to complete. it is truly a remarkable workbook that has no equal in its ability to rehabilitate errant traffic offenders. It is excellent for all problem drivers.
This is my opinion, based on 27 years of working with offenders. Already some courts are using the Plea in Abeyance option and others I have talked to are starting to use it.
Larry D. Lloyd is the Director of ACCI (American Community Corrections Institute). The American Community Corrections Institute (ACCI) publishes and distributes cognitive life skills workbooks for youth and adults in both group and home study formats. It is a world leader in new and innovative community corrections programs. After 30 years of group intervention with the criminal element, we clearly understand the problem, and, have found solutions to address them.
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