A.R.S. 28-675
Causing death by use of a vehicle; classification
A. A person is guilty of causing death by use of a vehicle if all of the following apply:
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 the death of 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 28-772.
(c) Section 28-792.
(d) Section 28-794.
(e) Section 28-797, subsection F, G, H or I.
(f) Section 28-855, subsection B.
(g) 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, paragraph 3.
6. 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.
C. Causing death by use of a vehicle is a class 4 felony.
Comment: If you are not allowed to drive an automobile, but do so anyway and death results, you are guilty of a felony.
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A.R.S. 28-676
Causing serious physical injury by use of a vehicle; classification
A. A person is guilty of causing serious physical injury by use of a vehicle if all of the following apply:
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 28-772.
(c) Section 28-792.
(d) Section 28-794.
(e) Section 28-797, subsection F, G, H or I.
(f) Section 28-855, subsection B.
(g) 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, paragraph 3.
6. 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.
C. Causing serious physical injury by use of a vehicle is a class 5 felony.
Comment: This is a similar Arizona statute to 28-675, but it applies to serious injury instead of death. Operating a motor vehicle, if you're not allowed to, is a felony if you cause serious injury.
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A.R.S. 28-693
Reckless driving; classification; license; surrender
A. A person who drives a vehicle in reckless disregard for the safety of persons or property is guilty of reckless driving.
B. A person convicted of reckless driving is guilty of a class 2 misdemeanor.
C. In addition, the judge may require the surrender to a police officer of any driver license of the convicted person, shall report the conviction to the department and may order the driving privileges of the person to be suspended for a period of not more than ninety days. On receipt of the abstract of conviction and order, the department shall suspend the driving privilege of the person for the period of time ordered by the judge.
D. If a person who is convicted of a violation of this section has been previously convicted of a violation of this section, section 13-1102 or section 13-1103, subsection A, paragraph 1, in the driving of a vehicle, or section 28-708, 28-1381, 28-1382 or 28-1383 within a period of twenty-four months:
1. The person is guilty of a class 1 misdemeanor.
2. The person is not eligible for probation, pardon, suspension of sentence or release on any basis until the person has served not less than twenty days in jail.
3. The judge may require the surrender to a police officer of any driver license of the person and shall immediately forward the abstract of conviction to the department.
4. On receipt of the abstract of conviction, the department shall revoke the driving privilege of the person.
E. The dates of the commission of the offense are the determining factor in applying subsection D of this section. A second or subsequent violation for which a conviction occurs as provided in this section does not include a conviction for an offense arising out of the same series of acts.
F. On pronouncement of a jail sentence under this section, and after the court receives confirmation that the person is employed or is a student, the court may provide in the sentence that if the defendant is employed or is a student the defendant can continue employment or schooling for not more than twelve hours per day nor more than five days per week. The defendant shall spend the remaining days or parts of days in jail until the sentence is served and shall be allowed out of jail only long enough to complete the defendant's actual hours of employment or schooling.
Comment: Reckless driving is a misdemeanor. Being reckless in the law a higher burden to prove than negligence. If you are facing reckless driving charges, you may need to consult with an attorney to deal with the legal ramifications. You may have to surrender your license.
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A.R.S. 28-695
Aggressive driving; violation; classification; definition
A. A person commits aggressive driving if both of the following occur:
1. During a course of conduct the person commits a violation of either section 28-701, subsection A or section 28-701.02 and at least two of the following violations:
(a) Failure to obey traffic control devices as provided in section 28-644.
(b) Overtaking and passing another vehicle on the right by driving off the pavement or main traveled portion of the roadway as provided in section 28-724.
(c) Unsafe lane change as provided in section 28-729.
(d) Following a vehicle too closely as provided in section 28-730.
(e) Failure to yield the right-of-way as provided in article 9 of this chapter.
2. The person's driving is an immediate hazard to another person or vehicle.
B. A person convicted of aggressive driving is guilty of a class 1 misdemeanor.
C. In addition to any other penalty prescribed by law:
1. A person convicted of a violation of this section shall attend and successfully complete approved 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.
2. The court shall forward the abstract of conviction to the department and may order the department to suspend the person's driving privilege for thirty days.
D. If a person who is convicted of a violation of this section has been previously convicted of a violation of this section within a period of twenty-four months:
1. The person is guilty of a class 1 misdemeanor.
2. In addition to any other penalty prescribed by law, the court shall forward the abstract of conviction to the department. On receipt of the abstract of conviction, the department shall revoke the driving privilege of the person for one year.
E. The dates of the commission of the offense determine whether subsection D of this section applies. A second or subsequent violation for which a conviction occurs as provided in this section does not include a conviction for an offense arising out of the same series of acts.
F. For the purposes of this section "course of conduct" means a series of acts committed during a single, continuous period of driving.
Comment: This is kind of like a "road-rage" statute for Arizona. It doesn't have to be road-rage, but it can also just be hazardous driving. This is a misdemeanor.
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