2005 Arizona Revised Statutes - Revised Statutes §28-672; Version 2  Causing serious physical injury or death by a moving violation; classification; penalties

(L06, Ch. 297, sec. 1. Rpld. 1/1/12)

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 as defined in section 13-105 or death to another person:

1. Section 28-645, subsection A, paragraph 3, subdivision (a).

2. Section 28-772.

3. Section 28-792.

4. Section 28-794.

5. Section 28-797, subsection E or G.

6. Section 28-855, subsection B.

B. A person who violates this section shall attend and successfully complete traffic survival school training and 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 may direct the department to suspend the person's driving privilege for not more than ninety days if the violation results in serious physical injury as defined in section 13-105 and not more than one hundred eighty days 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 concurrently with the other suspension period.

E. If a person fails to successfully complete traffic survival school training and 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 ten thousand dollars.

H. A person who violates this section is guilty of a class 3 misdemeanor, except that if the violation results in the death of another person the maximum fine for the person shall be one thousand dollars.