§ 8-381 Applicability
§ 8-382 Definitions
§ 8-383 Implementation of rights and duties
§ 8-383.01 Victims’ rights; dismissed counts
§ 8-384 Inability to exercise rights; designation of others; notice; representative for a minor or vulnerable adult; definition
§ 8-385 Limited rights of a legal entity
§ 8-385.01 Victims’ rights for neighborhood associations
§ 8-386 Information provided to victim by law enforcement agencies
§ 8-386.01 Issuance and execution of arrest warrants
§ 8-387 Notice of terms and conditions of release
§ 8-388 Notice of diversion
§ 8-389 Preliminary notice of rights
§ 8-390 Notice of proceedings
§ 8-391 Notice of adjudication; impact statement
§ 8-392 Notice of postadjudication review and appellate proceedings
§ 8-392.01 Notice of right to request not to receive committed youth mail
§ 8-393 Notice of release or escape
§ 8-394 Notice of delinquent’s status
§ 8-395 Notice of postadjudication release; right to be heard; hearing; final decision; free electronic recording
§ 8-396 Notice of probation modification, termination or revocation disposition matters; notice of arrest
§ 8-397 Notice of release, discharge or escape from a mental health treatment agency or residential treatment
§ 8-398 Request for notice; forms; notice system
§ 8-399 Victim conference with prosecuting attorney
§ 8-400 Proceedings; right to be present
§ 8-401 Detention hearing
§ 8-402 Postarrest detention decisions
§ 8-403 Plea negotiation
§ 8-404 Impact statement; predisposition report
§ 8-405 Disposition
§ 8-406 Probation modification, revocation disposition or termination proceedings
§ 8-407 Victim’s discretion; form of statement
§ 8-408 Return of victim’s property; release of evidence
§ 8-409 Consultation between crime victim advocate and victim; privileged information; exception
§ 8-410 Minimizing victim’s contacts
§ 8-411 Motion to revoke release
§ 8-412 Victim’s right to refuse an interview; applicability
§ 8-413 Victim’s right to privacy; exception; definitions
§ 8-414 Speedy adjudication; continuance; notice
§ 8-415 Effect of failure to comply
§ 8-416 Standing to invoke rights; recovery of damages; right to counsel
§ 8-417 Construction of article
§ 8-418 Implementation fee; definition
§ 8-419 Victim reconciliation services
§ 8-420
§ 8-421 Statement of rights
§ 8-422 Use of a facility dog in court proceedings; definition

Terms Used In Arizona Laws > Title 8 > Chapter 3 > Article 7

  • Abuse: means the infliction or allowing of physical injury, impairment of bodily function or disfigurement or the infliction of or allowing another person to cause serious emotional damage as evidenced by severe anxiety, depression, withdrawal or untoward aggressive behavior and which emotional damage is diagnosed by a medical doctor or psychologist and is caused by the acts or omissions of an individual who has the care, custody and control of a child. See Arizona Laws 8-201
  • Accused: means a juvenile who is referred to juvenile court for committing a delinquent act. See Arizona Laws 8-382
  • Acquittal:
    1. Judgement that a criminal defendant has not been proved guilty beyond a reasonable doubt.
    2. A verdict of "not guilty."
     
  • Action: includes any matter or proceeding in a court, civil or criminal. See Arizona Laws 1-215
  • Adult: means a person who is eighteen years of age or older. See Arizona Laws 8-201
  • Adult: means a person who has attained eighteen years of age. See Arizona Laws 1-215
  • Adult court: means the appropriate justice court, municipal court or criminal division of the superior court that has jurisdiction to hear proceedings concerning offenses committed by juveniles as provided in sections 8-327 and 13-501. See Arizona Laws 8-201
  • Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
  • Alcohol: means any substance containing any form of alcohol, including ethanol, methanol, propynol and isopropynol. See Arizona Laws 28-101
  • All-terrain vehicle: means either of the following:

    (a) A motor vehicle that satisfies all of the following:

    (i) Is designed primarily for recreational nonhighway all-terrain travel. See Arizona Laws 28-101

  • Allegation: something that someone says happened.
  • Alternative fuel: means :

    (a) Electricity. See Arizona Laws 1-215

  • Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
  • Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
  • Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
  • Appellate: About appeals; an appellate court has the power to review the judgement of another lower court or tribunal.
  • Appellate proceeding: means any contested matter before the state court of appeals, the state supreme court, a federal court of appeals or the United States supreme court. See Arizona Laws 8-382
  • Appropriation: The provision of funds, through an annual appropriations act or a permanent law, for federal agencies to make payments out of the Treasury for specified purposes. The formal federal spending process consists of two sequential steps: authorization
  • Arraignment: A proceeding in which an individual who is accused of committing a crime is brought into court, told of the charges, and asked to plead guilty or not guilty.
  • Arrest: Taking physical custody of a person by lawful authority.
  • Arrest: means the actual custodial restraint or temporary custody of a person. See Arizona Laws 8-382
  • Attachment: A procedure by which a person's property is seized to pay judgments levied by the court.
  • Authorized emergency vehicle: means any of the following:

    (a) A fire department vehicle. See Arizona Laws 28-101

  • Automotive recycler: means a person that is engaged in the business of buying or acquiring a motor vehicle solely for the purpose of dismantling, selling or otherwise disposing of the parts or accessories and that removes parts for resale from six or more vehicles in a calendar year. See Arizona Laws 28-101; Version 2
  • Bail: Security given for the release of a criminal defendant or witness from legal custody (usually in the form of money) to secure his/her appearance on the day and time appointed.
  • Beneficiary: A person who is entitled to receive the benefits or proceeds of a will, trust, insurance policy, retirement plan, annuity, or other contract. Source: OCC
  • Bicycle: means a device, including a racing wheelchair, that is propelled by human power and on which a person may ride and that has either:

    (a) Two tandem wheels, either of which is more than sixteen inches in diameter. See Arizona Laws 28-101

  • Board: means the transportation board. See Arizona Laws 28-101
  • Bus: means a motor vehicle designed for carrying sixteen or more passengers, including the driver. See Arizona Laws 28-101
  • Business district: means the territory contiguous to and including a highway if there are buildings in use for business or industrial purposes within any six hundred feet along the highway, including hotels, banks or office buildings, railroad stations and public buildings that occupy at least three hundred feet of frontage on one side or three hundred feet collectively on both sides of the highway. See Arizona Laws 28-101
  • Certificate of ownership: means a paper or an electronic record that is issued in another state or a foreign jurisdiction and that indicates ownership of a vehicle. See Arizona Laws 28-101
  • Certificate of title: means a paper document or an electronic record that is issued by the department and that indicates ownership of a vehicle. See Arizona Laws 28-101
  • Certified ignition interlock device: means an ignition interlock device that is certified pursuant to article 5 of this chapter. See Arizona Laws 28-1301
  • Chambers: A judge's office.
  • circumvention: means an attempted or successful bypass of the proper functioning of a certified ignition interlock device and includes all of the following:

    (a) The bump start of a motor vehicle with a certified ignition interlock device. See Arizona Laws 28-1301

  • Closed course: means a maintained facility that uses department approved dust abatement and fire abatement measures. See Arizona Laws 28-1171
  • Combination of vehicles: means a truck or truck tractor and semitrailer and any trailer that it tows but does not include a forklift designed for the purpose of loading or unloading the truck, trailer or semitrailer. See Arizona Laws 28-101
  • Commercial motor vehicle: means a motor vehicle or combination of vehicles that is designed, used or maintained to transport passengers or property in the furtherance of a commercial enterprise, that is a commercial motor vehicle as defined in section 28-5201 and that is not exempt from gross weight fees as prescribed in section 28-5432, subsection B. See Arizona Laws 28-601
  • Commercial motor vehicle: means a motor vehicle or combination of motor vehicles used to transport passengers or property if the motor vehicle either:

    (a) Has a gross combined weight rating of twenty-six thousand one or more pounds inclusive of a towed unit with a gross vehicle weight rating of more than ten thousand pounds. See Arizona Laws 28-1301

  • Common law: The legal system that originated in England and is now in use in the United States. It is based on judicial decisions rather than legislative action.
  • Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
  • Complaint: means a written statement of the essential facts constituting a public offense that is any of the following:

    (a) Made on an oath before a judge or commissioner of the superior court or an authorized juvenile hearing officer. See Arizona Laws 8-201

  • Continuance: Putting off of a hearing ot trial until a later time.
  • Contract: A legal written agreement that becomes binding when signed.
  • Controlled access highway: means a highway, street or roadway to or from which owners or occupants of abutting lands and other persons have no legal right of access except at such points only and in the manner determined by the public authority that has jurisdiction over the highway, street or roadway. See Arizona Laws 28-601
  • 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

  • Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
  • County highway: means a public road that is constructed and maintained by a county. See Arizona Laws 28-101
  • Court: means the juvenile division of the superior court when exercising its jurisdiction over children in any proceeding relating to delinquency. See Arizona Laws 8-382
  • Crime victim advocate: means a person who is employed or authorized by a public or private entity to provide counseling, treatment or other supportive assistance to crime victims. See Arizona Laws 8-382
  • Crosswalk: means :

    (a) That part of a roadway at an intersection included within the prolongations or connections of the lateral lines of the sidewalks on opposite sides of the highway measured from the curbs or, in absence of curbs, from the edges of the traversable roadway. See Arizona Laws 28-601

  • Custodial agency: means any law enforcement officer or agency, a sheriff, a county juvenile detention center, the department of juvenile corrections or a secure mental health facility that has custody of a person who is arrested or in custody for a delinquent or incorrigible offense. See Arizona Laws 8-382
  • Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
  • Daytime: means the period between sunrise and sunset. See Arizona Laws 1-215
  • Dealer: means a person who is engaged in the business of buying, selling or exchanging motor vehicles, trailers or semitrailers and who has an established place of business and has paid fees pursuant to section 28-4302. See Arizona Laws 28-101
  • Deed: The legal instrument used to transfer title in real property from one person to another.
  • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
  • Delinquency proceeding: means any hearing, argument or other matter that is scheduled or held by a juvenile court judge, commissioner or hearing officer and that relates to an alleged or adjudicated delinquent offense. See Arizona Laws 8-382
  • Delinquent: means a child who is adjudicated to have committed a delinquent act. See Arizona Laws 8-382
  • Delinquent act: means an act to which this article applies pursuant to section 8-381. See Arizona Laws 8-382
  • Delinquent act: means an act by a juvenile that if committed by an adult would be a criminal offense or a petty offense, a violation of any law of this state, or of another state if the act occurred in that state, or a law of the United States, or a violation of any law that can only be violated by a minor and that has been designated as a delinquent offense, or any ordinance of a city, county or political subdivision of this state defining crime. See Arizona Laws 8-201
  • Department: means the department of transportation acting directly or through its duly authorized officers and agents. See Arizona Laws 28-101
  • Department: means the department of child safety. See Arizona Laws 8-201
  • Dependent: A person dependent for support upon another.
  • Detention: means the temporary confinement of a juvenile who requires secure care in a physically restricting facility that is completely surrounded by a locked and physically secure barrier with restricted ingress and egress for the protection of the juvenile or the community pending court disposition or as a condition of probation. See Arizona Laws 8-201
  • Detention hearing: means the accused's initial appearance before the court to determine release before adjudication. See Arizona Laws 8-382
  • Director: means the director of the department of transportation. See Arizona Laws 28-101
  • Director: means the director of the department. See Arizona Laws 8-201
  • Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
  • Dismissal: The dropping of a case by the judge without further consideration or hearing. Source:
  • division: means the transportation planning division established by section 28-332, subsection C. See Arizona Laws 28-501
  • 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
  • Duplicate: means a counterpart produced by any of the following:

    (a) The same impression or from the same matrix as the original. See Arizona Laws 28-440

  • Education: means a program in which a person participates in at least sixteen hours of classroom instruction relating to alcohol or other drugs. See Arizona Laws 28-1301
  • Electric bicycle: means a bicycle or tricycle that is equipped with fully operable pedals and an electric motor of less than seven hundred fifty watts and that meets the requirements of one of the following classes:

    (a) "Class 1 electric bicycle" means a bicycle or tricycle that is equipped with an electric motor that provides assistance only when the rider is pedaling and that ceases to provide assistance when the bicycle or tricycle reaches the speed of twenty miles per hour. See Arizona Laws 28-101

  • Electric personal assistive mobility device: means a self-balancing device with one wheel or two nontandem wheels and an electric propulsion system that limits the maximum speed of the device to fifteen miles per hour or less and that is designed to transport only one person. See Arizona Laws 28-101
  • Electronic funds transfer: The transfer of money between accounts by consumer electronic systems-such as automated teller machines (ATMs) and electronic payment of bills-rather than by check or cash. (Wire transfers, checks, drafts, and paper instruments do not fall into this category.) Source: OCC
  • Electronic signature: means an electronic sound, symbol or process attached to or logically associated with a document and executed or adopted by a person with the intent to sign the document. See Arizona Laws 28-440
  • Envelope: means the outermost dimensions of a load or vehicle to include width, height and length and the weight of the vehicle or its load. See Arizona Laws 28-1141
  • Envelope permit: means a permit issued by the department authorizing a person to transport property on the highways of this state pursuant to all applicable statutes and local ordinances and the terms listed on the permit. See Arizona Laws 28-1141
  • Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. Source: U.S. Courts
  • Escort vehicle: means a vehicle that is required pursuant to rules adopted by the department to escort motor vehicles or combinations of vehicles that require issuance of a permit pursuant to article 18 or 19 of this chapter for operation on the highways of this state. See Arizona Laws 28-601
  • essential parts: means integral and body parts, the removal, alteration or substitution of which will tend to conceal the identity or substantially alter the appearance of the vehicle. See Arizona Laws 28-101
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • Evidence: includes both of the following:

    (a) A display on a wireless communication device of a department-generated driver license, nonoperating identification license, vehicle registration card or other official record of the department that is presented to a law enforcement officer or in a court or an administrative proceeding. See Arizona Laws 28-101

  • Executive head: means the governor of the state of Arizona. See Arizona Laws 28-1851
  • Executor: A male person named in a will to carry out the decedent
  • Explosives: means any chemical compound, mixture or device that is commonly used or intended for the purpose of producing an explosion and that is defined in 49 Code of Federal Regulations part 173. See Arizona Laws 28-601
  • Express consent: means consent in writing, including consent that is conveyed electronically and that bears an electronic signature. See Arizona Laws 28-440
  • Fair Credit Reporting Act: A federal law, established in 1971 and revised in 1997, that gives consumers the right to see their credit records and correct any mistakes. Source: OCC
  • Farm: means any lands primarily used for agriculture production. See Arizona Laws 28-101
  • Farm tractor: means a motor vehicle designed and used primarily as a farm implement for drawing implements of husbandry. See Arizona Laws 28-101
  • Felony: A crime carrying a penalty of more than a year in prison.
  • Fiduciary: A trustee, executor, or administrator.
  • Final disposition: means the ultimate termination of the delinquency proceeding by a court, including dismissal, acquittal, transfer to adult court or imposition of a disposition after an adjudication for a delinquent offense. See Arizona Laws 8-382
  • Fiscal year: The fiscal year is the accounting period for the government. For the federal government, this begins on October 1 and ends on September 30. The fiscal year is designated by the calendar year in which it ends; for example, fiscal year 2006 begins on October 1, 2005 and ends on September 30, 2006.
  • Foreign vehicle: means a motor vehicle, trailer or semitrailer that is brought into this state other than in the ordinary course of business by or through a manufacturer or dealer and that has not been registered in this state. See Arizona Laws 28-101
  • Fraud: Intentional deception resulting in injury to another.
  • Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
  • Golf cart: means a motor vehicle that has not less than three wheels in contact with the ground, that has an unladen weight of less than one thousand eight hundred pounds, that is designed to be and is operated at not more than twenty-five miles per hour and that is designed to carry not more than four persons including the driver. See Arizona Laws 28-101
  • Gross weight: means the weight of a vehicle without a load plus the weight of any load on the vehicle. See Arizona Laws 28-601
  • Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
  • Hazardous material: means a material, and its mixtures or solutions, that the United States department of transportation determines under 49 Code of Federal Regulations is, or any quantity of a material listed as a select agent or toxin under 42 Code of Federal Regulations part 73 that is, capable of posing an unreasonable risk to health, safety and property if transported in commerce and that is required to be placarded or marked as required by the department's safety rules prescribed pursuant to chapter 14 of this title. See Arizona Laws 28-101
  • Highly restricted personal information: means an individual's photograph or image, social security number and medical or disability information. See Arizona Laws 28-440
  • Highway: means the entire width between the boundary lines of every way publicly maintained by the federal government, the department, a city, a town or a county if any part of the way is generally open to the use of the public for purposes of conventional two-wheel drive vehicular travel. See Arizona Laws 28-1171
  • highway: means the entire width between the boundary lines of every way if a part of the way is open to the use of the public for purposes of vehicular travel. See Arizona Laws 28-101
  • Ignition interlock device: means a device that is based on alcohol specific electrochemical fuel sensor technology that meets the national highway traffic safety administration specifications, that connects a breath analyzer to a motor vehicle's ignition system, that is constantly available to monitor the concentration by weight of alcohol in the breath of any person attempting to start the motor vehicle by using its ignition system and that deters starting the motor vehicle by use of its ignition system unless the person attempting to start the motor vehicle provides an appropriate breath sample for the device and the device determines that the concentration by weight of alcohol in the person's breath is below a preset level. See Arizona Laws 28-1301
  • Ignition interlock service provider: means a person who is an authorized representative of a manufacturer and who is under contract with the department to install or oversee the installation of ignition interlock devices by the provider's authorized agents or subcontractors and to provide services to the public related to ignition interlock devices. See Arizona Laws 28-1301
  • Immediate family: means a victim's spouse, parent, child, sibling, grandparent or lawful guardian. See Arizona Laws 8-382
  • Implement of husbandry: means a vehicle that is designed primarily for agricultural purposes and that is used exclusively in the conduct of agricultural operations, including an implement or vehicle whether self-propelled or otherwise that meets both of the following conditions:

    (a) Is used solely for agricultural purposes including the preparation or harvesting of cotton, alfalfa, grains and other farm crops. See Arizona Laws 28-101

  • incidentally operated or moved on a highway: means travel between a farm and another part of the same farm, from one farm to another farm or between a farm and a place of repair, supply or storage. See Arizona Laws 28-101
  • including: means not limited to and is not a term of exclusion. See Arizona Laws 1-215
  • Indemnification: In general, a collateral contract or assurance under which one person agrees to secure another person against either anticipated financial losses or potential adverse legal consequences. Source: FDIC
  • Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
  • Intersection: means the area embraced within the prolongation or connection of the lateral curb lines, or if none, the lateral boundary lines of the roadways of two highways that join one another at, or approximately at, right angles, or the area within which vehicles traveling on different highways joining at any other angle may come in conflict. See Arizona Laws 28-601
  • Joint committee: Committees including membership from both houses of teh legislature. Joint committees are usually established with narrow jurisdictions and normally lack authority to report legislation.
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • Jurisdiction executive: means the governor of this state. See Arizona Laws 28-1871
  • juvenile: means an individual who is under the age of eighteen years. See Arizona Laws 8-201
  • Juvenile court: means the juvenile division of the superior court when exercising its jurisdiction over children in any proceeding relating to delinquency, dependency or incorrigibility. See Arizona Laws 8-201
  • Juvenile defendant: means a juvenile against whom a petition is filed seeking to have the juvenile adjudicated delinquent. See Arizona Laws 8-382
  • Law enforcement officer: means a peace officer, sheriff, deputy sheriff, municipal police officer or constable. See Arizona Laws 8-201
  • Lawful representative: means a person who is designated by the victim or appointed by the court and who will act in the best interests of the victim. See Arizona Laws 8-382
  • Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC
  • 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
  • License: means any license, temporary instruction permit or temporary license issued under the laws of this state or any other state pertaining to the licensing of persons to operate motor vehicles. See Arizona Laws 28-1301
  • License: means any license, temporary instruction permit or temporary license issued under the laws of this state or any other state pertaining to the licensing of persons to operate motor vehicles. See Arizona Laws 28-1501
  • Licensing authority: means the department. See Arizona Laws 28-1851
  • Licensing authority: means the department. See Arizona Laws 28-1871
  • Lien: A claim against real or personal property in satisfaction of a debt.
  • Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
  • Local authority: means any county, municipal or other local board or body exercising jurisdiction over highways under the constitution and laws of this state. See Arizona Laws 28-101
  • Magistrate: means an officer having power to issue a warrant for the arrest of a person charged with a public offense and includes the chief justice and justices of the supreme court, judges of the superior court, judges of the court of appeals, justices of the peace and judges of a municipal court. See Arizona Laws 1-215
  • Manufacturer: means a person engaged in the business of manufacturing motor vehicles, trailers or semitrailers. See Arizona Laws 28-101
  • Manufacturer: means a person or an organization that is located in the United States, that is responsible for the design, construction or production of an ignition interlock device and that is certified by the department to offer ignition interlock devices for installation in motor vehicles in this state. See Arizona Laws 28-1301
  • Minor: means a person under the age of eighteen years. See Arizona Laws 1-215
  • Misdemeanor: Usually a petty offense, a less serious crime than a felony, punishable by less than a year of confinement.
  • Mitigation: means the rectification or reduction of existing damage to natural resources, including flora, fauna and land or cultural resources, including prehistoric or historic archaeological sites, if the damage is caused by off-highway vehicles. See Arizona Laws 28-1171
  • Mobile home: means a structure that is transportable in one or more sections, including the plumbing, heating, air conditioning and electrical systems that are contained in the structure, and that, when erected on site, is either of the following:

    (a) More than eight body feet in width, thirty-two body feet or more in length and built on a permanent chassis. See Arizona Laws 28-2001

  • Monetary obligations: includes fines, fees, penalties, court costs, surcharges, restitution, assessments and penalty enhancements. See Arizona Laws 28-1630
  • Month: means a calendar month unless otherwise expressed. See Arizona Laws 1-215
  • Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
  • Motor driven cycle: means a motorcycle, including every motor scooter, with a motor that produces not more than five horsepower but does not include an electric bicycle. See Arizona Laws 28-101
  • Motor vehicle record: means any record that pertains to a driver license or permit, vehicle registration, vehicle title or identification document issued by the department or its duly authorized third parties, agents or contractors that are authorized to issue any of those documents. See Arizona Laws 28-440
  • Motorcycle: means a motor vehicle that has a seat or saddle for the use of the rider and that is designed to travel on not more than three wheels in contact with the ground but excludes a tractor, an electric bicycle and a moped. See Arizona Laws 28-101
  • Motorized quadricycle: means a self-propelled motor vehicle to which all of the following apply:

    (a) The vehicle is self-propelled by an emission-free electric motor and may include pedals operated by the passengers. See Arizona Laws 28-101

  • Motorized skateboard: means a self-propelled device that has a motor, a deck on which a person may ride and at least two tandem wheels in contact with the ground. See Arizona Laws 28-101
  • Motorized wheelchair: means any self-propelled wheelchair that is used by a person for mobility. See Arizona Laws 28-601
  • Motorized wheelchair: means a self-propelled wheelchair that is used by a person for mobility. See Arizona Laws 28-101
  • Neighborhood electric vehicle: means a self-propelled electrically powered motor vehicle to which all of the following apply:

    (a) The vehicle is emission free. See Arizona Laws 28-101

  • Nighttime: means the period between sunset and sunrise. See Arizona Laws 1-215
  • Nonresident: means a person who is not a resident of this state as defined in section 28-2001. See Arizona Laws 28-101
  • Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
  • Off-road recreational motor vehicle: means a motor vehicle that is designed primarily for recreational nonhighway all-terrain travel and that is not operated on a public highway. See Arizona Laws 28-101
  • Official traffic control device: means any sign, signal, marking or device that is not inconsistent with this chapter and that is placed or erected by authority of a public body or official having jurisdiction for the purpose of regulating, warning or guiding traffic. See Arizona Laws 28-601
  • Operator: means a person who drives a motor vehicle on a highway, who is in actual physical control of a motor vehicle on a highway or who is exercising control over or steering a vehicle being towed by a motor vehicle. See Arizona Laws 28-101
  • Opt in: means a customer of the department has provided express consent to the department to allow the release of the customer's personal information, including highly restricted personal information, in a form prescribed by the director. See Arizona Laws 28-440
  • Oral argument: An opportunity for lawyers to summarize their position before the court and also to answer the judges' questions.
  • Oversight: Committee review of the activities of a Federal agency or program.
  • Owner: means :

    (a) A person who holds the legal title of a vehicle. See Arizona Laws 28-101

  • Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
  • Peace officers: means sheriffs of counties, constables, marshals, policemen of cities and towns, commissioned personnel of the department of public safety, personnel who are employed by the state department of corrections and the department of juvenile corrections and who have received a certificate from the Arizona peace officer standards and training board, peace officers who are appointed by a multicounty water conservation district and who have received a certificate from the Arizona peace officer standards and training board, police officers who are appointed by community college district governing boards and who have received a certificate from the Arizona peace officer standards and training board, police officers who are appointed by the Arizona board of regents and who have received a certificate from the Arizona peace officer standards and training board, police officers who are appointed by the governing body of a public airport pursuant to section 28-8426 and who have received a certificate from the Arizona peace officer standards and training board, peace officers who are appointed by a private postsecondary institution pursuant to section 15-1897 and who have received a certificate from the Arizona peace officer standards and training board and special agents from the office of the attorney general, or of a county attorney, and who have received a certificate from the Arizona peace officer standards and training board. See Arizona Laws 1-215
  • Pedestrian: means any person afoot. 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
  • Personal delivery device: means an electronically powered device that:

    (a) Is operated primarily on sidewalks and within crosswalks and that is designed to transport property. See Arizona Laws 28-101

  • Personal information: means information that identifies an individual and that includes an individual's photograph, social security number, driver identification number, name, address, telephone number and medical or disability information. See Arizona Laws 28-440
  • Personal property: includes money, goods, chattels, things in action and evidences of debt. See Arizona Laws 1-215
  • Petition: means a written statement of the essential facts that allege delinquency, incorrigibility or dependency. See Arizona Laws 8-201
  • Petty offense: A federal misdemeanor punishable by six months or less in prison. Source: U.S. Courts
  • Photo enforcement system: means a device substantially consisting of a radar unit or sensor linked to a camera or other recording device that produces one or more photographs, microphotographs, videotapes or digital or other recorded images of a vehicle's license plate for the purpose of identifying violators of articles 3 and 6 of this chapter. See Arizona Laws 28-601
  • Plaintiff: The person who files the complaint in a civil lawsuit.
  • Plea: In a criminal case, the defendant's statement pleading "guilty" or "not guilty" in answer to the charges, a declaration made in open court.
  • Plea agreement: An arrangement between the prosecutor, the defense attorney, and the defendant in which the defendant agrees to plead guilty in exchange for special considerations. Source:
  • Pleadings: Written statements of the parties in a civil case of their positions. In the federal courts, the principal pleadings are the complaint and the answer.
  • Pole trailer: means a vehicle that is all of the following:

    (a) Without motive power. See Arizona Laws 28-601

  • Police officer: means an officer authorized to direct or regulate traffic or make arrests for violations of traffic rules or other offenses. See Arizona Laws 28-601
  • Population: means the population according to the most recent United States decennial census. See Arizona Laws 1-215
  • Postadjudication release: means release on probation, intensive probation, work furlough, community supervision or home detention, release on conditional liberty pursuant to section 41-2818 by the department of juvenile corrections or any other permanent, conditional or temporary release from confinement, discharge or completion of commitment by the department of juvenile corrections, a sheriff, a municipal jail, a juvenile detention center, a residential treatment facility or a secure mental health facility. See Arizona Laws 8-382
  • Postarrest release: means the discharge of the accused from confinement. See Arizona Laws 8-382
  • Power of attorney: A written instrument which authorizes one person to act as another's agent or attorney. The power of attorney may be for a definite, specific act, or it may be general in nature. The terms of the written power of attorney may specify when it will expire. If not, the power of attorney usually expires when the person granting it dies. Source: OCC
  • Power unit: means a vehicle that propels itself or tows a trailer or combination of vehicles on the highways of this state. See Arizona Laws 28-1141
  • Precedent: A court decision in an earlier case with facts and law similar to a dispute currently before a court. Precedent will ordinarily govern the decision of a later similar case, unless a party can show that it was wrongly decided or that it differed in some significant way.
  • Private road or driveway: means a way or place that is in private ownership and that is used for vehicular travel by the owner and those persons who have express or implied permission from the owner but not by other persons. See Arizona Laws 28-601
  • Probable cause: A reasonable ground for belief that the offender violated a specific law.
  • Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
  • Process: means a citation, writ or summons issued in the course of judicial proceedings. See Arizona Laws 1-215
  • Property: includes both real and personal property. See Arizona Laws 1-215
  • Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.
  • Public defender: Represent defendants who can't afford an attorney in criminal matters.
  • Public law: A public bill or joint resolution that has passed both chambers and been enacted into law. Public laws have general applicability nationwide.
  • Public transit: means the transportation of passengers on scheduled routes by means of a conveyance on an individual passenger fare-paying basis excluding transportation by a sightseeing bus, school bus or taxi or a vehicle not operated on a scheduled route basis. See Arizona Laws 28-101
  • Railroad: means a carrier of persons or property on cars operated on stationary rails. See Arizona Laws 28-601
  • Railroad sign or signal: means a sign, signal or device erected by authority of a public body or official or by a railroad and intended to give notice of the presence of railroad tracks or the approach of a railroad train. See Arizona Laws 28-601
  • Railroad train: means a steam engine or any electric or other motor that is with or without cars coupled to the steam engine or electric or other motor and that is operated on rails. See Arizona Laws 28-601
  • Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
  • Referral: means a report that is submitted to the juvenile court and that alleges that a child is dependent or incorrigible or that a juvenile has committed a delinquent or criminal act. See Arizona Laws 8-201
  • Release: means no longer in the custody of the custodial agency and includes transfer from one custodial agency to another custodial agency. See Arizona Laws 8-382
  • Remainder: An interest in property that takes effect in the future at a specified time or after the occurrence of some event, such as the death of a life tenant.
  • Residence district: means the territory contiguous to and including a highway not comprising a business district if the property on the highway for a distance of three hundred feet or more is in the main improved with residences or residences and buildings in use for business. See Arizona Laws 28-101
  • Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
  • Right-of-way: when used within the context of the regulation of the movement of traffic on a highway means the privilege of the immediate use of the highway. See Arizona Laws 28-101
  • Rights: means any right granted to the victim by the laws of this state. See Arizona Laws 8-382
  • Roadway: means that portion of a highway that is improved, designed or ordinarily used for vehicular travel, exclusive of the berm or shoulder. See Arizona Laws 28-601
  • Safety zone: means the area or space that is both:

    (a) Officially set apart within a roadway for the exclusive use of pedestrians. See Arizona Laws 28-601

  • School bus: means a motor vehicle that is designed for carrying more than ten passengers and that is either:

    (a) Owned by any public or governmental agency or other institution and operated for the transportation of children to or from home or school on a regularly scheduled basis. See Arizona Laws 28-101

  • Screening: means a preliminary interview and assessment of an offender to determine if the offender requires alcohol or other drug education or treatment. See Arizona Laws 28-1301
  • Secure care: means confinement in a facility that is completely surrounded by a locked and physically secure barrier with restricted ingress and egress. See Arizona Laws 8-201
  • Semitrailer: means a vehicle that is with or without motive power, other than a pole trailer or single-axle tow dolly, that is designed for carrying persons or property and for being drawn by a motor vehicle and that is constructed so that some part of its weight and that of its load rests on or is carried by another vehicle. See Arizona Laws 28-101
  • Serial number: means the number placed on the vehicle by its manufacturer or assigned pursuant to section 28-2165. See Arizona Laws 28-2001
  • Service of process: The service of writs or summonses to the appropriate party.
  • Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.
  • Sidewalk: means that portion of a street that is between the curb lines or the lateral lines of a roadway and the adjacent property lines and that is intended for the use of pedestrians. See Arizona Laws 28-601
  • Single-axle tow dolly: means a nonvehicle device that is drawn by a motor vehicle, that is designed and used exclusively to transport another motor vehicle and on which the front or rear wheels of the drawn motor vehicle are mounted on the tow dolly while the other wheels of the drawn motor vehicle remain in contact with the ground. See Arizona Laws 28-101
  • State: means a state of the United States and the District of Columbia. See Arizona Laws 28-101
  • State highway: means a state route or portion of a state route that is accepted and designated by the board as a state highway and that is maintained by the state. See Arizona Laws 28-101
  • State route: means a right-of-way whether actually used as a highway or not that is designated by the board as a location for the construction of a state highway. See Arizona Laws 28-101
  • Statute: A law passed by a legislature.
  • Subpoena: A command to a witness to appear and give testimony.
  • Summons: Another word for subpoena used by the criminal justice system.
  • Tampering: means an overt or conscious attempt to physically disable or otherwise disconnect the certified ignition interlock device from its power source that allows the operator to start the engine without taking and passing the requisite breath test. See Arizona Laws 28-1301
  • Testify: includes every manner of oral statement under oath or affirmation. See Arizona Laws 1-215
  • Testimony: Evidence presented orally by witnesses during trials or before grand juries.
  • Through highway: means a highway or portion of a highway at the entrances to which vehicular traffic from intersecting highways is required by law to stop before entering or crossing and when stop signs are erected as provided in this chapter. See Arizona Laws 28-601
  • Title transfer form: means a paper or an electronic form that is prescribed by the department for the purpose of transferring a certificate of title from one owner to another owner. See Arizona Laws 28-101
  • Traffic: means pedestrians, ridden or herded animals, vehicles and other conveyances either singly or together while using a highway for purposes of travel. See Arizona Laws 28-601
  • Traffic: means pedestrians, ridden or herded animals, vehicles and other conveyances either singly or together while using a highway for purposes of travel. See Arizona Laws 28-1501
  • Traffic control signal: means a device, whether manually, electrically or mechanically operated, by which traffic is alternately directed to stop and to proceed. See Arizona Laws 28-601
  • Traffic survival school: means a school that offers educational sessions to drivers who are required to attend and successfully complete educational sessions pursuant to this title that are designed to improve the safety and habits of drivers and that are approved by the department. See Arizona Laws 28-101
  • Trailer: means a vehicle that is with or without motive power, other than a pole trailer or single-axle tow dolly, that is designed for carrying persons or property and for being drawn by a motor vehicle and that is constructed so that no part of its weight rests on the towing vehicle. See Arizona Laws 28-101
  • Transcript: A written, word-for-word record of what was said, either in a proceeding such as a trial or during some other conversation, as in a transcript of a hearing or oral deposition.
  • Treatment: means a program consisting of at least twenty hours of participation in a group setting dealing with alcohol or other drugs in addition to the sixteen hours of education. See Arizona Laws 28-1301
  • Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
  • Truck: means a motor vehicle that is designed, used or maintained primarily for the transportation of property. See Arizona Laws 28-601
  • Truck: means a motor vehicle designed or used primarily for the carrying of property other than the effects of the driver or passengers and includes a motor vehicle to which has been added a box, a platform or other equipment for such carrying. See Arizona Laws 28-101
  • Truck tractor: means a motor vehicle that is designed and used primarily for drawing other vehicles and that is not constructed to carry a load other than a part of the weight of the vehicle and load drawn. See Arizona Laws 28-101
  • Trustee: A person or institution holding and administering property in trust.
  • United States: includes the District of Columbia and the territories. See Arizona Laws 1-215
  • User fees: Fees charged to users of goods or services provided by the government. In levying or authorizing these fees, the legislature determines whether the revenue should go into the treasury or should be available to the agency providing the goods or services.
  • Vehicle history report: means a report that is developed to track the registration and total loss history of a particular vehicle and includes odometer readings and brand codes, title brand codes and any related vehicle data. See Arizona Laws 28-440
  • Vehicle transporter: means either:

    (a) A truck tractor capable of carrying a load and drawing a semitrailer. See Arizona Laws 28-101

  • Victim: means a person against whom the delinquent act was committed, or if the person is killed or incapacitated, the person's spouse, parent, child, grandparent or sibling, any other person related to the person by consanguinity or affinity to the second degree or any other lawful representative of the person, except if the person or the person's spouse, parent, child, grandparent, sibling, other person related to the person by consanguinity or affinity to the second degree or other lawful representative is in custody for an offense or is the accused. See Arizona Laws 8-382
  • Victim advocate: work with prosecutors and assist the victims of a crime.
  • Victim Impact Statement: A written or spoken statement by the victim or his or her representative about the physical, emotional, and financial impact of a crime on the victim. The statement is given to the court before sentencing.
  • Wilfully: means , with respect to conduct or to a circumstance described by a statute defining an offense, that a person is aware or believes that the person's conduct is of that nature or that the circumstance exists. See Arizona Laws 1-215
  • Writing: includes printing. See Arizona Laws 1-215