A. A person is guilty of causing serious physical injury by use of a vehicle if all of the following apply:

Terms Used In Arizona Laws 28-676

  • Action: includes any matter or proceeding in a court, civil or criminal. See Arizona Laws 1-215
  • Conviction: A judgement of guilt against a criminal defendant.
  • Conviction: means :

    (a) An unvacated adjudication of guilt or a determination that a person violated or failed to comply with the law in a court of original jurisdiction or by an authorized administrative tribunal. See Arizona Laws 28-101

  • Department: means the department of transportation acting directly or through its duly authorized officers and agents. See Arizona Laws 28-101
  • Drive: means to operate or be in actual physical control of a motor vehicle. See Arizona Laws 28-101
  • Driver: means a person who drives or is in actual physical control of a vehicle. See Arizona Laws 28-101
  • Driver license: means a license that is issued by a state to an individual and that authorizes the individual to drive a motor vehicle. See Arizona Laws 28-101
  • Fraud: Intentional deception resulting in injury to another.
  • including: means not limited to and is not a term of exclusion. See Arizona Laws 1-215
  • License: means any license, temporary instruction permit or temporary license issued under the laws of this state or any other state that pertain to the licensing of persons to operate motor vehicles. See Arizona Laws 28-601
  • Nonresident: means a person who is not a resident of this state as defined in section 28-2001. See Arizona Laws 28-101
  • Person: includes a corporation, company, partnership, firm, association or society, as well as a natural person. See Arizona Laws 1-215
  • Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.

1. The person is not allowed to operate a motor vehicle pursuant to subsection B of this section.

2. While operating a motor vehicle, the person causes serious physical injury as defined in section 13-105 to another person.

3. The person commits a violation of any of the following:

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

(b) Section 28-729.

(c) Section 28-771.

(d) Section 28-772.

(e) Section 28-773.

(f) Section 28-792.

(g) Section 28-794.

(h) Section 28-797, subsection F, G, H or I.

(i) Section 28-855, subsection B.

(j) Section 28-857, subsection A.

B. For the purposes of this section, a person shall not operate a motor vehicle if any of the following applies:

1. The person’s driving privilege is revoked for any reason.

2. The person’s driving privilege is suspended for any reason pursuant to chapter 4, article 3 of this title.

3. The person’s driving privilege is suspended pursuant to section 28-1321.

4. The person’s driving privilege is suspended pursuant to the department‘s action based on a previous conviction for a violation of section 28-3473.

5. The person’s driving privilege is suspended pursuant to section 28-3306, subsection A.

6. The person’s driving privilege is suspended pursuant to section 28-3308 and the person has had one or more previous suspensions pursuant to that section.

7. The person does one of the following to obtain a driver license:

(a) Knowingly uses a false or fictitious name.

(b) Knowingly makes a false statement.

(c) Knowingly conceals a material fact.

(d) Commits fraud.

(e) Violates section 28-3479.

8. The person does not have a valid driver license and a proper endorsement, if required, as prescribed by chapter 8 of this title and the person is not exempt pursuant to chapter 8 of this title.

9. The person’s driving privilege is suspended pursuant to section 28-4141 for failure to provide proof of financial responsibility required by section 28-3319 for a violation of chapter 4, article 3 of this title.

C. The sentence imposed on a person for a conviction under this section shall run consecutively to any sentence imposed on the person for other convictions on any other charge related to the accident.

D. Restitution shall be awarded pursuant to section 13-603 as a result of a violation of this section.

E. The department shall revoke the license or permit to drive and any nonresident operating privilege of a person who is convicted of a violation of this section for one year, not including any time that the person is incarcerated.

F. Causing serious physical injury by use of a vehicle is a class 5 felony.

  Previous section
Next section  
 Article 4 Contents