A.R.S. 28-671
Accident reports required by city or town
Any incorporated city or town, by ordinance, may require the driver of a vehicle involved in an accident to also file with a designated city or town department a report of an accident or a copy of any report required by this article to be filed with the department. The reports are for the confidential use of the city or town department.
Comment: For example, if you were driving and involved in an accident in Phoenix, the city may require you to submit a separate report for their uses.
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A.R.S. 28-672
Causing serious physical injury or death by a moving violation; classification; penalties
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 F, G, H or I.
6. Section 28-855, subsection B.
7. Section 28-857, subsection A.
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.
Comment: If you cause serious injury or death as a driver of a vehicle, the court can require you to do certain tasks. These tasks involve driving education, traffic school, community service, and fines. If you don't comply with the judge, your license can be revoked.
A.R.S. 28-673
Traffic accidents; implied consent; tests
A. A person who operates a motor vehicle within this state gives consent to a test or tests of the person's blood, breath, urine or other bodily substance for the purposes of determining alcohol concentration or drug content if the person is involved in a traffic accident resulting in death or serious physical injury as defined in section 13-105 and a law enforcement officer has probable cause to believe that the person caused the accident or the person is issued a citation for a violation of any provision of this article, article 2, 3 or 5 through 15 of this chapter or chapter 4 of this title.
B. The test or tests chosen by the law enforcement agency shall be administered at the direction of a law enforcement officer who has reasonable grounds to believe that the person was involved in a traffic accident resulting in death or serious physical injury as defined in section 13-105 and who has probable cause to believe that the person caused the accident or the person was issued a citation for a violation of any provision of this article, article 2, 3 or 5 through 15 of this chapter or chapter 4 of this title.
C. After a determination is made that a person was involved in a traffic accident resulting in death or serious physical injury as defined in section 13-105 and the officer has probable cause to believe that the person caused the accident or the person was issued a citation for a violation of any provision of this article, article 2, 3 or 5 through 15 of this chapter or chapter 4 of this title, the person may be requested to submit to and successfully complete any test or tests prescribed by subsection A of this section, and if the person refuses, the person shall be informed that the person's license or permit to drive will be suspended or denied for twelve months, or for two years for a second or subsequent refusal in a period of eighty-four months, unless the person expressly agrees to submit to and successfully completes the test or tests. A failure to expressly agree to the test or successfully complete the test is deemed a refusal. The person shall also be informed that if the test results show a blood or breath alcohol concentration of 0.08 or more, or if the results show a blood or breath alcohol concentration of 0.04 or more and the person was driving or in actual physical control of a commercial motor vehicle, the person's license or permit to drive will be suspended or denied for not less than ninety consecutive days.
D. If a person refuses to submit to the test designated by the law enforcement agency as provided in subsection B of this section:
1. The test shall not be given, except as provided in section 28-1388, subsection E or pursuant to a search warrant.
2. The law enforcement officer directing the administration of the test shall:
(a) File a certified report of the refusal with the department.
(b) On behalf of the department, serve an order of suspension on the person that is effective fifteen days after the date the order is served.
(c) Require the immediate surrender of any license or permit to drive that is issued by this state and that is in the possession or control of the person.
(d) If the license or permit is not surrendered, state the reason why it is not surrendered.
(e) If a valid license or permit is surrendered, issue a temporary driving permit that is valid for fifteen days.
(f) Forward the certified report of refusal, a copy of the completed notice of suspension, a copy of any completed temporary permit and any driver license or permit taken into possession under this section to the department within five days after the issuance of the notice of suspension.
E. Section 28-1321, subsections E through P apply to any test prescribed by this section and to any person who refuses to submit to a test prescribed by this section, except that:
1. The certified report shall state the law enforcement officer's reasonable grounds to believe that the person was involved in a traffic accident resulting in death or serious physical injury as defined in section 13-105 and the law enforcement officer's probable cause to believe that the person caused the accident or the person was issued a citation for a violation of any provision of this article, article 2, 3 or 5 through 15 of this chapter or chapter 4 of this title.
2. The certified report shall be filed pursuant to subsection D of this section.
3. The scope of the hearing shall include the law enforcement officer's probable cause to believe that the person was involved in a traffic accident resulting in death or serious physical injury as defined in section 13-105 and the law enforcement officer's probable cause to believe that the person caused the accident or the person was issued a citation for a violation of any provision of this article, article 2, 3 or 5 through 15 of this chapter or chapter 4 of this title.
F. A person who is dead, unconscious or otherwise in a condition rendering the person incapable of refusal is deemed not to have withdrawn the consent provided by subsection A of this section and the test or tests shall be administered.
Comment: In a legal sense, it's important to understand that if you're involved in an accident with death or serious injury, the police can try and make you take a alcohol test. If you refuse, it may lead to the surrender of your drivers license.
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A.R.S. 28-674
Traffic accidents; quick clearance
A. Notwithstanding any other provision of this article, motor vehicles involved in traffic accidents and drivers of motor vehicles involved in traffic accidents are subject to this section.
B. This section applies to motor vehicle traffic accidents that occur on controlled access highways and any other highways that are divided into two or more lanes clearly marked for traffic in this state.
C. If a motor vehicle traffic accident occurs and serious physical injury as defined in section 13-105 or death is not apparent, the drivers of the motor vehicles involved in the accident, or any other occupant of the motor vehicles involved in the accident who possesses a valid driver license, shall remove the motor vehicles from the main traveled portion of the roadway into a safe refuge on the shoulder, emergency lane or median or to a place otherwise removed from the roadway if both of the following apply:
1. The moving of the motor vehicle can be done safely.
2. The motor vehicle is capable of being normally and safely driven, does not require towing and can be operated under its own power in its customary manner without further damage or hazard to the motor vehicle, to traffic elements or to the roadway.
D. The driver of a motor vehicle involved in a traffic accident may request any person who possesses a valid driver license to remove the motor vehicle as provided in this section, and the person requested to remove the motor vehicle may comply with the request.
E. The driver or any other person who removes a motor vehicle from the main traveled portion of the roadway as provided in this section before the arrival of a police officer is not liable or at fault regarding the cause of the traffic accident solely by reason of moving the motor vehicle pursuant to this section.
F. This section does not abrogate or affect a driver's duty to do either of the following:
1. File any written report required by a local law enforcement agency, except that compliance with this section does not allow a driver to be prosecuted for the driver's failure to stop and immediately report a traffic accident.
2. Stop and give information pursuant to this article.
G. This section does not relieve a police officer of the duty to submit a written accident report pursuant to this article.
H. In the exercise of the management, control and maintenance of state highways, the department may require and assist in the removal of the following from the main traveled portion of the roadways in the state highway system:
1. All vehicles that are incapacitated for any cause other than having been involved in a motor vehicle traffic accident.
2. All vehicles incapacitated as a result of being involved in a motor vehicle traffic accident and debris caused by a motor vehicle traffic accident if both of the following apply:
(a) Serious physical injury as defined in section 13-105 or death is not apparent.
(b) The move can be accomplished safely by the drivers of the motor vehicles involved or with the assistance of a towing or recovery vehicle and the move will result in the improved safety or convenience of travel on the highway.
I. The department shall not require or assist in the removal of a motor vehicle that is incapacitated as a result of being involved in a motor vehicle traffic accident if serious physical injury as defined in section 13-105 or death is apparent until a police officer has made the necessary measurements and diagrams required for the initial accident investigation.
Comment: If you're involved in an accident, then everyone involved should move their cars off the highways to a safe median area. This requirement does NOT apply if there were serious injuries or death, or the car is incapable of being moved. The person who moves the vehicle to the safe area will not face liability for the accident (unless of course they were the cause of the actual wreck).
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