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Senate Clears Bill Closing 'Never‑Had‑License' Loophole

Utah Senate · January 25, 1996
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Summary

Senate Bill 82, clarifying that driving without a license applies to loss of driving privilege rather than an absence of prior licensure, was advanced to third reading after sponsors said the measure removes a technical defense.

The Senate on Jan. 25 advanced Senate Bill 82 to the third‑reading calendar to close a legal loophole in driving prosecutions.

Sponsor Senator David H. Steele said the bill removes a technical defense used by some defendants who argued they could not be convicted of driving without a license because they had never been licensed. The bill replaces references from "driver's license" to "driver's privilege" and includes an amendment clarifying residency for enforcement purposes.

"This bill is to clear that technicality," Steele said, describing examples where defendants argued they had never possessed a license and therefore could not be charged with driving without one.

The Senate adopted the committee report, called the question and recorded 27 ayes, no nays and 2 absent; SB 82 was placed on the third‑reading calendar. Implementation details and the committee amendment clarify application by residence and other enforcement mechanics.