28-672. Causing serious physical injury or death by a moving violation; time limitation; penalties; violation; classification; definition
A. A person is guilty of causing serious physical injury or death by a moving violation if the person violates any one of the following and the violation results in an accident causing serious physical injury or death to another person:
1. Section 28-645, subsection A, paragraph 3, subdivision (a).
2. Section 28-710.
3. Section 28-729.
4. Section 28-771.
5. Section 28-772.
6. Section 28-773.
7. Section 28-792.
8. Section 28-794.
9. Section 28-797, subsection F, G, H or I.
10. Section 28-855, subsection B.
11. Section 28-857, subsection A.
12. Section 28-914.
B. A person who violates this section shall attend and successfully complete traffic survival school educational sessions that are designed to improve the safety and habits of drivers and that are approved by the department. In addition, the court may order the person to perform community restitution.
C. The court shall report a conviction for a violation of this section to the department and:
1. For a first violation of this section, shall direct the department to suspend the person's driving privilege or restrict the person's driving privilege as described in section 28-144 for at least ninety days and not more than one hundred eighty days if the violation results in serious physical injury and at least one hundred eighty days and not more than one year if the violation results in death.
2. For a second or subsequent violation of this section within a period of thirty-six months, shall direct the department to suspend the person's driving privilege for one hundred eighty days if the violation results in serious physical injury and one year if the violation results in death.
D. If a person's driving privilege is suspended pursuant to any other statute because of an incident involving a violation of this section, the suspension period prescribed in subsection C of this section shall run consecutively with the other suspension period.
E. If a person fails to successfully complete traffic survival school educational sessions or perform community restitution pursuant to this section, the court shall notify the department and the department shall promptly suspend the driver license or permit of the driver or the privilege of a nonresident to drive a motor vehicle in this state until the order is satisfied.
F. If the person who suffers serious physical injury as a result of a violation of this section appears before the court in which the action is pending at any time before trial and acknowledges receipt of satisfaction for the injury, on payment of the costs incurred, the court shall order that the prosecution be dismissed and the defendant be discharged. The reasons for the order shall be set forth and entered of record, and the order shall be a bar to another prosecution for the same offense.
G. Restitution awarded pursuant to section 13-603 as a result of a violation of this section shall not exceed $100, 000.
H. A prosecution for a violation of this section must be commenced within two years after actual discovery of the offense by the state or the political subdivision having jurisdiction or discovery by the state or the political subdivision that should have occurred with the exercise of reasonable diligence, whichever first occurs.
I. A person who violates this section is guilty of a class 1 misdemeanor.
J. For the purposes of this section, " serious physical injury" has the same meaning prescribed in section 13-105.
Structure Arizona Revised Statutes
§ 28-121 - Violation; classification; exception; civil traffic violation; surcharge
§ 28-141 - Prearranged ground transportation; applicability; definitions
§ 28-143 - Heavy and commuter rail; construction; definitions
§ 28-144 - Driver license or permit restrictions
§ 28-301 - Transportation districts
§ 28-302 - Transportation board; members; appointments; terms; compensation
§ 28-303 - Powers and duties of the board; meetings
§ 28-304 - Powers and duties of the board; transportation facilities
§ 28-305 - Powers and duties of the board; rules
§ 28-306 - Statewide transportation policy statement
§ 28-307 - Long-range statewide transportation plan; board duties
§ 28-331 - Department of transportation established
§ 28-332 - Department of transportation jurisdiction; duties
§ 28-334 - Acceptance and expenditure of federal monies; limitations
§ 28-335 - Comprehensive financial management system
§ 28-336 - REAL ID act; implementation prohibited
§ 28-337 - High occupancy vehicle lane; lane degradation; priority use
§ 28-338 - Enhanced driver license prohibition
§ 28-339 - State match advantage for rural transportation fund; allocation of monies; definitions
§ 28-361 - Director; appointment; compensation
§ 28-362 - Deputy director of the department
§ 28-363 - Duties of the director; administration
§ 28-364 - Powers of the director
§ 28-365 - Disposition of fees
§ 28-368 - Property acquisition; definition
§ 28-369 - Law enforcement powers; ports of entry; violation; classification
§ 28-370 - Oaths and acknowledgments; power of attorney; definition
§ 28-372 - Returned checks; dishonored electronic payments; fees
§ 28-373 - Refunds; limitations
§ 28-374 - Fees and taxes; alternative payment methods; penalties
§ 28-375 - Alternative office hours for motor vehicle division offices
§ 28-376 - Employment of personnel; definition
§ 28-401 - Intergovernmental agreements
§ 28-402 - Intergovernmental agreements; ports of entry
§ 28-403 - Interstate agreements; commercial vehicle registration
§ 28-404 - Interstate agreements; fee and tax exemptions
§ 28-405 - Contract; civil penalty collection
§ 28-406 - Interstate agreements; dealer or manufacturer plates
§ 28-407 - Agreements with other jurisdictions; parking privileges
§ 28-408 - Agreements with nonpublic entities
§ 28-409 - Agreements with public and private entities; fund
§ 28-410 - Computer software agreements
§ 28-413 - Reciprocal driver license agreement; foreign countries
§ 28-441 - Duplication of records
§ 28-443 - Records; management; destruction
§ 28-444 - Computer storage; evidence
§ 28-445 - Seal; authentication of records
§ 28-446 - Fees for copies; exemptions
§ 28-448 - Notice of address or name change; address update; civil traffic violation; definition
§ 28-449 - Information requests for public records
§ 28-451 - Maintaining records
§ 28-453 - Electronic transfer of information
§ 28-454 - Records maintained by department of transportation; redaction; definitions
§ 28-455 - Release of personal information; fees
§ 28-456 - Subsequent sale or disclosure of record information by authorized recipient
§ 28-457 - Unlawful acts; classification; civil actions
§ 28-458 - Motor vehicle records release; department review panel
§ 28-473 - Agency requests for motor vehicles; neighborhood electric vehicles
§ 28-475 - State fleet operations fund; exemption
§ 28-476 - State vehicle replacement fund; exemption
§ 28-501 - Definition of division
§ 28-502 - Transportation planning; uniform practices; requirements
§ 28-503 - Performance based planning and programming
§ 28-504 - Transportation system performance measures; data collection and reporting; methodologies
§ 28-505 - Transportation system performance factors; weights
§ 28-506 - Long-range statewide transportation plan; division duties
§ 28-507 - Transportation system database
§ 28-602 - Powers of governor; federal highway safety act
§ 28-603 - Drag racing prevention enforcement fund
§ 28-621 - Applicability to vehicles on highways; exceptions
§ 28-622 - Failure to comply with police officer; classification
§ 28-623 - Obedience by public officers and employees; exceptions
§ 28-624 - Authorized emergency vehicles
§ 28-625 - Persons riding animals or driving animal drawn vehicles
§ 28-626 - Uniform application of laws throughout state; local ordinances or regulations
§ 28-627 - Powers of local authorities
§ 28-628 - Rights of real property owners
§ 28-641 - Traffic control device manual and specifications
§ 28-642 - Traffic control signs on state highways; rules
§ 28-643 - Local traffic control devices
§ 28-644 - Obedience to and required traffic control devices
§ 28-645 - Traffic control signal legend
§ 28-646 - Pedestrian control signals; loitering prohibited
§ 28-648 - Display of unauthorized signs, signals or markings
§ 28-650 - Warning devices at construction sites
§ 28-651 - Use of private property to avoid traffic control device prohibited
§ 28-652 - State highway work zones; definition
§ 28-653 - Flagger training and certification; exception
§ 28-667 - Written accident report; definition
§ 28-668 - Accidents involving death to drivers; testing alcohol concentration
§ 28-669 - Accident report forms
§ 28-670 - Accident report analysis
§ 28-671 - Accident reports required by city or town
§ 28-673 - Traffic accidents; implied consent; tests
§ 28-674 - Traffic accidents; quick clearance
§ 28-675 - Causing death by use of a vehicle; violation; classification
§ 28-676 - Causing serious physical injury by use of a vehicle; violation; classification
§ 28-693 - Reckless driving; violation; classification; license; surrender; aiding and abetting
§ 28-694 - Wrong-way driving; civil penalty; traffic survival school; definition
§ 28-695 - Aggressive driving; violation; classification; definition
§ 28-701 - Reasonable and prudent speed; prima facie evidence; exceptions
§ 28-701.02 - Excessive speeds; classification
§ 28-702 - State highway speed limits
§ 28-702.01 - Waste of a finite resource; civil penalties; urbanized areas; definition
§ 28-702.03 - Maximum speed limit violation on interstate highway system in another state; effect
§ 28-702.04 - Maximum speed limit on interstate highways outside urbanized areas; definition
§ 28-703 - Alteration of speed limits by local authority
§ 28-703.01 - End of speed zone; signs required
§ 28-703.02 - Establishing speed on multiple lane highways
§ 28-704 - Minimum speed limits; requirement to turn off roadway
§ 28-705 - Special speed limitation; motor driven cycles
§ 28-706 - Special speed limitations
§ 28-707 - Charging speed violation; burden of proof; findings
§ 28-709 - Maximum speed limit for large vehicles and vehicles with trailers
§ 28-710 - State highway work zone safety; civil penalty; fund
§ 28-721 - Driving on right side of roadway; driving on shoulder; exceptions; education
§ 28-722 - Passing vehicles proceeding in opposite directions
§ 28-723 - Overtaking a vehicle on the left
§ 28-724 - Overtaking on the right
§ 28-725 - Limitations on overtaking on the left
§ 28-726 - Limitations on driving to left of roadway center
§ 28-728 - One-way roadways and rotary traffic islands
§ 28-729 - Driving on roadways laned for traffic
§ 28-730 - Following too closely
§ 28-731 - Driving on divided highways
§ 28-733 - Restrictions on use of controlled access highway
§ 28-734 - Driving through safety zone
§ 28-735 - Overtaking bicycles; civil penalties
§ 28-736 - Use of highway lanes; restrictions
§ 28-737 - High occupancy vehicle lanes; civil penalty; definition
§ 28-751 - Required position and method of turning
§ 28-752 - Limitations on turning around
§ 28-753 - Starting parked vehicle
§ 28-754 - Turning movements and required signals
§ 28-755 - Hand or arm signals or mechanical signal
§ 28-756 - Method of giving hand and arm signals
§ 28-771 - Vehicle at intersection; exception; entering freeway
§ 28-772 - Vehicle turning left at intersection
§ 28-773 - Intersection entrance
§ 28-774 - Highway access from private road or driveway
§ 28-777 - Golf carts and neighborhood electric vehicles; vehicles turning right
§ 28-791 - Pedestrians subject to traffic rules
§ 28-792 - Right-of-way at crosswalk
§ 28-793 - Crossing at other than crosswalk
§ 28-794 - Drivers to exercise due care
§ 28-795 - Pedestrians to use right half of crosswalk
§ 28-796 - Pedestrian on roadways
§ 28-797 - School crossings; civil penalty; assessment; definition
§ 28-811 - Parent and guardian responsibility; applicability of article
§ 28-812 - Applicability of traffic laws to bicycle riders
§ 28-814 - Clinging to vehicle
§ 28-815 - Riding on roadway and bicycle path; bicycle path usage
§ 28-816 - Carrying article on bicycle
§ 28-818 - Bicycle safety fund
§ 28-819 - Electric bicycles; electric standup scooters
§ 28-851 - Railroad crossing; safety
§ 28-852 - Dangerous railroad grade crossing
§ 28-853 - Railroad grade crossing; stop required of certain vehicles; other requirements
§ 28-854 - Railroad grade crossing; moving heavy equipment; exception; definition
§ 28-855 - Stop signs; yield signs
§ 28-856 - Emerging from alley, driveway or building
§ 28-857.01 - Overtaking and passing school bus; report by school bus operator; notification letter
§ 28-858 - Approaching horses and livestock
§ 28-871 - Stopping, standing or parking outside business or residence district
§ 28-872 - Removal of vehicles; notice; liability for costs; hearing
§ 28-873 - Stopping, standing or parking prohibitions; exceptions; definition
§ 28-874 - Additional parking rules
§ 28-875 - Law enforcement exception
§ 28-876 - Parking spaces for electric vehicles; civil penalty
§ 28-877 - Alternative fuel vehicles; parking in carpool parking spaces
§ 28-881 - Parking restrictions; applicability
§ 28-882 - Parking spaces for persons with physical disabilities
§ 28-883 - Agreements with other jurisdictions; reciprocity
§ 28-884 - Parking space for persons with physical disabilities; prohibition; access aisle
§ 28-885 - Civil traffic violation; civil penalty; recall of placards and plates; defense
§ 28-891 - Backing limitations
§ 28-892 - Riding on motorcycle or all-terrain vehicle
§ 28-893 - Obstruction to view; interference with driving
§ 28-894 - Driving on mountain highways
§ 28-895 - Coasting prohibited
§ 28-896 - Towing trailer; lateral sway
§ 28-898 - Objects on roadway; prohibition
§ 28-899 - Barbed wire; damages
§ 28-900 - School transportation rules
§ 28-901 - Maximum number in school bus; stops at school
§ 28-902 - Repainting government vehicle
§ 28-903 - Operation of motorcycle on laned roadway; exceptions
§ 28-904 - Driving on sidewalk
§ 28-905 - Opening vehicle door
§ 28-906 - Mechanical raising and lowering devices
§ 28-908 - Persons in wheelchairs or on electric personal assistive mobility devices
§ 28-909 - Vehicle restraints required; exceptions; civil penalty
§ 28-910 - Liability for emergency responses in flood areas; definitions
§ 28-911 - Electric personal assistive mobility devices
§ 28-912 - Vehicles transporting equine; violation; classification; definitions
§ 28-921 - Applicability of equipment requirements
§ 28-922 - Lighted lamps required
§ 28-923 - Visibility distance; mounted height of lamps
§ 28-924 - Motor vehicle head lamps
§ 28-926 - New motor vehicles; reflectors
§ 28-927 - Stop lamps; peace officers; warnings
§ 28-928 - Applicability of lighting laws
§ 28-929 - Additional lighting equipment required on certain vehicles
§ 28-930 - School bus lighting equipment; standards and specifications
§ 28-932 - Reflector and lamp mountings
§ 28-933 - Reflector and lamp visibility
§ 28-934 - Obstructed lights not required
§ 28-935 - Lamp or flag on projecting load
§ 28-936 - Lamps on parked vehicles
§ 28-937 - Lamps on other vehicles and equipment
§ 28-938 - Spot and auxiliary lamps
§ 28-939 - Signal lamps and devices
§ 28-940 - Additional lighting equipment
§ 28-941 - Multiple beam road lighting equipment arrangement
§ 28-942 - Multiple beam road lighting equipment usage
§ 28-943 - Single beam road lighting equipment
§ 28-944 - Lighting equipment on motor driven cycles
§ 28-945 - Alternate road lighting equipment
§ 28-946 - Number of driving lamps required or permitted
§ 28-947 - Special restrictions on lamps
§ 28-948 - Snow removal equipment lamps
§ 28-949 - Selling or using lamps
§ 28-952 - Required brake equipment
§ 28-953 - Brakes on all-terrain vehicles and motor driven cycles
§ 28-954 - Horns and warning devices
§ 28-955.01 - Motorcycles; noise level equipment; unauthorized equipment
§ 28-955.03 - Exemption for racing motorcycles; definition
§ 28-955.04 - Exhaust system; visual inspection; requirements; civil penalty
§ 28-957 - Windshield wipers required; exceptions
§ 28-957.01 - Windshields required; exceptions
§ 28-958 - Tire equipment restrictions
§ 28-958.01 - Rear fender splash guards
§ 28-959 - Safety glass required; applicability; denial or suspension of registration; definition
§ 28-959.01 - Materials on windows or windshield; exceptions; requirements; violation; definitions
§ 28-960 - Flares; warning devices; requirements
§ 28-961 - Display of warning devices; disabled vehicle
§ 28-962 - Vehicles transporting explosives; rules
§ 28-963 - Image display device; prohibition; exceptions; definition
§ 28-964 - Motorcycles; all-terrain vehicles; motor driven cycles; equipment; exception
§ 28-981 - Vehicle equipment; safety requirement
§ 28-982 - Vehicle and equipment inspection; notice of repair or adjustment
§ 28-983 - Compliance with inspection laws; operation prohibited
§ 28-984 - School bus inspection; rules
§ 28-985 - Interstate movement of household goods inspection; rules
§ 28-1091 - Violation; scope and effect
§ 28-1092 - Reasonable access; definitions
§ 28-1093 - Vehicle width; exceptions
§ 28-1094 - Vehicle height; exceptions; special permits
§ 28-1095 - Vehicle length; exceptions; permits; rules; definitions
§ 28-1096 - Projecting loads on passenger vehicles
§ 28-1097 - Maximum load extensions; length limitations for pole trailers
§ 28-1098 - Vehicle loads; restrictions; civil penalties
§ 28-1099 - Single axle load limit; exceptions
§ 28-1100 - Vehicles and loads; gross weight restrictions; exceptions
§ 28-1101 - Weight violations; civil penalty; classification; procedures; evidence
§ 28-1102 - Weighing of vehicles and loads; violation; classification; civil penalty
§ 28-1103 - Excess size and weight special permits; definition
§ 28-1104 - Issuance of special permits; rules
§ 28-1105 - Special permit fees
§ 28-1106 - Restriction on highway usage
§ 28-1107 - Liability; highway or structure damage
§ 28-1108 - Vehicle towing; definition
§ 28-1110 - Escort vehicle operation; training and certification; insurance; exemption
§ 28-1111 - Commercial and noncommercial vehicles and trailers; website publications
§ 28-1144 - Issuing envelope permits; restrictions; requirements
§ 28-1145 - Third party permit issuance
§ 28-1147 - Revocation or suspension of envelope permits and privileges
§ 28-1149 - Records; inspection
§ 28-1150 - Overdimensional permit council
§ 28-1151 - Violation; classification
§ 28-1172 - Applicability; private and Indian lands
§ 28-1174 - Operation restrictions; violation; classification
§ 28-1175 - Instruction course; fee
§ 28-1176 - Off-highway vehicle recreation fund; annual reports; definition
§ 28-1178 - Operation of off-highway vehicles; exceptions
§ 28-1179 - Off-highway vehicle equipment requirements; rule making; exception
§ 28-1180 - Race or organized event; authorization required
§ 28-1181 - Civil traffic violation
§ 28-1201 - Definition of photo enforcement system
§ 28-1202 - Exemption; first responders
§ 28-1203 - Photo enforcement system placement; speed limit change
§ 28-1204 - Photo enforcement zones; signage; standards; citation dismissal
§ 28-1206 - Photo enforcement system; prohibited use
§ 28-1222 - Applicability of laws to personal delivery devices
§ 28-1224 - Operation requirements
§ 28-1225 - Areas of operation; speed limits
§ 28-1227 - Local authority regulations; peace officers
§ 28-1302 - Applicability of chapter
§ 28-1303 - Oversight council on driving or operating under the influence abatement; report
§ 28-1304 - Driving under the influence abatement fund
§ 28-1322 - Preliminary breath tests; rules on approval of devices
§ 28-1323 - Admissibility of breath test or other records
§ 28-1325 - Breath test operator permits
§ 28-1326 - Blood test; rules; permits
§ 28-1327 - Reproduction of records; admissibility; computer storage; definition
§ 28-1388 - Blood and breath tests; violation; classification; admissible evidence
§ 28-1389 - Waiver of fine, surcharge or assessment
§ 28-1390 - Emergency personnel; law enforcement
§ 28-1401 - Special ignition interlock restricted driver licenses; application fee
§ 28-1402 - Issuance of special ignition interlock restricted driver license
§ 28-1403 - Extension of interlock restricted licenses; hearing; scope
§ 28-1441 - Driving under the influence; records
§ 28-1442 - Driving under the influence; records; reporting
§ 28-1443 - Minimum or medium security facility
§ 28-1444 - Reimbursement of incarceration costs
§ 28-1445 - Alcohol or other drug screening; license suspension
§ 28-1446 - Calculating incarceration credit
§ 28-1461 - Use of certified ignition interlock devices; reporting
§ 28-1462 - Ignition interlock device certification and decertification; service provider bonds
§ 28-1463 - Proof of compliance; suspension; hearings
§ 28-1464 - Ignition interlock devices; violations; classification; definition
§ 28-1465 - Rulemaking; ignition interlock service providers and manufacturers; civil penalty
§ 28-1466 - Display of certification; transfer prohibited
§ 28-1467 - Ignition interlock service provider contracts; cancellation; notice
§ 28-1469 - Ignition interlock device fund
§ 28-1521 - Violation; civil penalty
§ 28-1522 - Injuring or preventing operation of vehicle; classification; emergency exception
§ 28-1523 - Transporting hazardous material; violation; classification
§ 28-1524 - Offense by person owning or controlling vehicle; classification
§ 28-1525 - Assessment; failure to pay fine
§ 28-1551 - Parties to a crime
§ 28-1552 - Jurisdiction of municipal and justice courts
§ 28-1553 - Hearing officers; civil traffic violations
§ 28-1554 - Disposition of fees, fines, forfeitures and civil penalties
§ 28-1555 - Traffic violation charge; juveniles
§ 28-1556 - Applicability of procedures; arrest without warrant
§ 28-1557 - Traffic complaint form; use of social security number prohibited
§ 28-1558 - Traffic complaints; disposition; records
§ 28-1559 - Traffic case records; abstract of record; reports
§ 28-1560 - Illegal cancellation of traffic citation; classification; audit
§ 28-1561 - Certification of uniform traffic complaint forms; false certification
§ 28-1591 - Traffic violations; civil matters; service
§ 28-1592 - Commencement of action; original citation changes
§ 28-1593 - Service of uniform traffic ticket and complaint
§ 28-1594 - Authority to detain persons
§ 28-1596 - Traffic complaint; proceedings
§ 28-1597 - Witnesses; nonapplicability of rules of civil procedure
§ 28-1598 - Maximum civil penalty
§ 28-1599 - Admission; evidence of negligence
§ 28-1603 - Civil penalty mitigation or waiver
§ 28-1604 - Community restitution in lieu of monetary obligation; definition
§ 28-1631 - Traffic ticket enforcement assistance program; establishment
§ 28-1632 - Refusal to renew registration; fees
§ 28-1634 - Registration allowed
§ 28-1652 - Law enforcement officer duties
§ 28-1653 - Documents and records
§ 28-1654 - Department of state
§ 28-1852 - Adoption of compact
§ 28-1853 - Exchange of information
§ 28-1854 - Compensation and expenses of administrator
§ 28-1855 - Report by courts and agencies
§ 28-1872 - Adoption of compact
§ 28-1874 - Compensation and expenses of administrator
§ 28-2002 - Assessor or director as county agent
§ 28-2003 - Fees; vehicle title and registration; identification plate; definition
§ 28-2004 - Disposition of fees; highway user revenue fund
§ 28-2005 - Disposition of fees; county assessor's special registration fund
§ 28-2006 - Contract to transfer duties and responsibilities
§ 28-2007 - Highway safety fee; refund
§ 28-2008 - Duplicate certificate of title, permit, registration card or license plates
§ 28-2009 - Certificate of title; validity
§ 28-2010 - Motorcycle safety fund; administration
§ 28-2011 - Vehicle inspections
§ 28-2012 - Vehicle inspection and certificate of title enforcement fund
§ 28-2013 - Disposition of property; deposit of proceeds
§ 28-2051 - Application for certificate of title; vision screening test
§ 28-2052 - Title and registration of foreign vehicles
§ 28-2053 - Certificate of title without registration
§ 28-2054 - Certificate of title; application processing
§ 28-2055 - Certificate of title; content requirements; transfer on death provision
§ 28-2056 - Transfer or registration of vehicle; collection of use tax
§ 28-2057 - Registration without certificate of title or bond; receipt; fee
§ 28-2058 - Transfer of title; odometer mileage disclosure statement; education