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Chapter 243 - 432R - C Ver of HB2327

Reference Title: accidents; moving violations; penalties

AN ACT
AMENDING TITLE 28, CHAPTER 3, ARTICLE 4, ARIZONA REVISED STATUTES, BY ADDING SECTION 28-672; RELATING TO ACCIDENTS.

Be it enacted by the Legislature of the State of Arizona:

Section 1. Title 28, chapter 3, article 4, Arizona Revised Statutes, is amended by adding section 28-672, to read:

28-672 . Accidents; certain moving violations; penalties

A. IF A PERSON FAILS TO COMPLY WITH THE PROVISIONS OF SECTION 28-645, SUBSECTION A, PARAGRAPH 3, SUBDIVISION ( a ), SECTION 28-772 OR SECTION 28-855, SUBSECTION B AND THE FAILURE RESULTS IN AN ACCIDENT CAUSING SERIOUS PHYSICAL INJURY AS DEFINED IN SECTION 13-105 TO ANOTHER PERSON, THE PERSON IS RESPONSIBLE FOR A CIVIL TRAFFIC VIOLATION. NOTWITHSTANDING SECTION 28-1598, THE PERSON IS SUBJECT TO A CIVIL PENALTY OF UP TO FIVE HUNDRED DOLLARS, THE PERSON SHALL ATTEND AND SUCCESSFULLY COMPLETE TRAINING AND EDUCATIONAL SESSIONS THAT ARE DESIGNED TO IMPROVE THE SAFETY AND HABITS OF DRIVERS AND THAT ARE APPROVED BY THE DEPARTMENT AND THE COURT SHALL REPORT THE JUDGMENT TO THE DEPARTMENT AND MAY DIRECT THE DEPARTMENT TO SUSPEND THE PERSON'S DRIVING PRIVILEGE FOR NINETY DAYS.

B. IF A PERSON FAILS TO COMPLY WITH THE PROVISIONS OF SECTION 28-645, SUBSECTION A, PARAGRAPH 3, SUBDIVISION ( a ), SECTION 28-772 OR SECTION 28-855, SUBSECTION B AND THE FAILURE RESULTS IN AN ACCIDENT CAUSING DEATH TO ANOTHER PERSON, THE PERSON IS RESPONSIBLE FOR A CIVIL TRAFFIC VIOLATION. NOTWITHSTANDING SECTION 28-1598, THE PERSON IS SUBJECT TO A CIVIL PENALTY OF UP TO ONE THOUSAND DOLLARS, THE PERSON SHALL ATTEND AND SUCCESSFULLY COMPLETE TRAINING AND EDUCATIONAL SESSIONS THAT ARE DESIGNED TO IMPROVE THE SAFETY AND HABITS OF DRIVERS AND THAT ARE APPROVED BY THE DEPARTMENT AND THE COURT SHALL REPORT THE JUDGMENT TO THE DEPARTMENT AND MAY DIRECT THE DEPARTMENT TO SUSPEND THE PERSON'S DRIVING PRIVILEGE FOR ONE HUNDRED EIGHTY DAYS.

C. IF A PERSON'S DRIVING PRIVILEGE IS SUSPENDED PURSUANT TO ANY OTHER STATUTE BECAUSE OF AN INCIDENT INVOLVING A VIOLATION OF SUBSECTION A OR B OF THIS SECTION, THE SUSPENSION PERIOD PRESCRIBED IN SUBSECTION A OR B OF THIS SECTION SHALL RUN CONCURRENTLY WITH THE OTHER SUSPENSION PERIOD.







APPROVED BY THE GOVERNOR MAY 29, 1998.

FILED IN THE OFFICE OF THE SECRETARY OF STATE JUNE 2, 1998.


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