FIRST: A big THANK YOU for finding and posting the relevant section of Utah Civil code applying to the situation in question. My hat is always off to someone who is willing to support their side of a debate with ‘facts’.
Now. I think the following part of the code applies in this situation. The court will judge if that is true or not.
Such notice shall not be required when:
(a) there is reason to believe the notice will endanger the life or safety of the officer or another person or will likely enable the party being arrested to escape;
JUST WHAT DID THE DRIVER WANT TO ARGUE ABOUT?
Now I never heard that the from the dirver he was doing 68 mph what I heard is he keep asking the officer how fast was I going?
I will listen again this will be the 3rd time!
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Such notice shall not be required when: (a) there is reason to believe the notice will endanger the life or safety of the officer or another person or will likely enable the party being arrested to escape;
I don't follow. How would announcing "You're under arrest" in any way "endanger the life or safety of the officer or another person"? And heaven's to Betsy, surely you don't think that in the time it would have taken to say "You're under arrest" he would have escaped? It wasn't a foot chase.