(1) As used in this section: (a) "Agent" means a person's attorney that has been formally engaged. (b) "DUI investigative report" means all materials that a peace officer gathers as part of investigating an offense described in Subsection 41-6a-501 including: (i) the identity of witnesses and, if known, contact information; (ii) witness statements; (iii) photographs and videotapes; (iv) diagrams; (v) field notes; (vi) test results; and (vii) any Targeted Responsibility for Alcohol Connected Emergencies investigation report. (2) (a) Upon request, a law enforcement agency shall disclose an unredacted DUI investigative report to: (i) a person who suffers loss or injury related to the person's actions that gave rise to the investigation; or (ii) an agent, parent, or legal guardian of the person described in Subsection (2)(a)(i). (b) A law enforcement agency responding to a request under Subsection (2)(a) may: (i) withhold a portion of the DUI investigative report if disclosure would materially prejudice an ongoing criminal investigation or criminal prosecution; (ii) redact or withhold any privileged information; (iii) redact an individual's phone number or address, if disclosure of the individual's phone number or address may endanger an individual's physical safety; or (iv) provide the DUI investigative report subject to an agreement that limits the recipient's use of the DUI investigative report to use solely for the purpose of pursuing a civil claim related to the incident. (3) A law enforcement agency may charge a reasonable fee to cover the cost incurred by disclosing a DUI investigative report in accordance with this section.
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