What to Do If You've Been Charged with Causing Serious Physical Injury or Death by a Moving Violation
Of the more than 100,000 crashes that occur in Arizona every year, many of these accidents will result in serious harm or death.
Many of the accidents occur because a driver commits a moving violation.
For this reason, Arizona has a statute that addresses the penalties and consequences that may result if you cause a serious injury or death that results from a moving violation.
Here is a closer look at the types of moving violations that can lead to significant legal trouble if an accident causes serious injury or death.
Arizona's Statute on Causing Serious Injury or Death by Moving Violation
A.R.S. § 28-672 defines which moving violation offenses that cause serious injury or death, warrant punishment under Arizona law.
The moving violations applicable to A.R.S. § 28-672 are:
Failing to stop at a red light
Dangerously changing lanes, violating lane direction signs or committing a similar driving lane violation
Failing to yield the right of way at an intersection
Failing to yield the right of way when making a left turn at an intersection
Not stopping at a stop sign
Violating school crossing laws
Not yielding, slowing down or stopping as appropriate at a crosswalk
Failing to exercise due care and caution shown to pedestrians
Failing to show due caution for incapacitated persons or children on the roadway
Improperly overtaking or passing a school bus
Drivers who commit any of these offenses and proceed to cause a serious injury or death will be found guilty of violating A.R.S. § 28-672.
Penalties for an A.R.S. § 28-672 Offense
Arizona law treats a violation of A.R.S. § 28-672 as a Class 3 misdemeanor, which carries the following penalties:
A maximum sentence of 30 days in jail
Up to one year of probation
Up to $1,000 in fines before surcharges are included
These penalties alone are significant, but a driver convicted of an A.R.S. § 28-672 offense must also attend and successfully finish traffic survival school.
Additionally, it is possible that the driver will also be required to perform community restitution, which is a form of community service designed to restore the community and make up for the harms done by the driver.
Further, a driver who receives an A.R.S. § 28-672 conviction may have their Arizona driver's license suspended as well.
For a first violation, a driver's license may be suspended for up to 90 days if the accident caused serious physical injury and 180 days for accidents that caused a death.
Subsequent A.R.S. § 28-672 offenses within a designated timeframe will carry lengthier suspensions and penalties.
The possibility of jail time, license suspension and similar penalties have the ability to alter your life, impact your employment and negatively affect your ability to pursue educational goals.
For these reasons and more, you need a strong legal defense to any and all traffic offenses you are charged with committing.
Whether this is your first A.R.S. § 28-672 offense or a subsequent one, it is important to talk to an Arizona traffic violation lawyer who works to minimize the consequences of any offense committed while protecting your legal rights.
Contact us at Tyler Allen Law Firm, PLLC for a legal consultation if you have been charged with causing serious physical injury or death by a moving violation.