28-3392. Defensive driving school;
eligibility
A. A court:
1. Shall allow an individual who is issued a citation for a civil traffic moving
violation pursuant to chapter 3, articles 2, 3, 4 and 6 through 15 of this title or a
local civil traffic ordinance relating to the same subject matter to attend a defensive
driving school for the purposes provided in this article.
2. Except as prescribed in subsection C of this section, may allow an individual
who is issued a citation for a violation of section 28-701.02 to attend a defensive
driving school.
B. A person who attends a defensive driving school pursuant to this article is not
eligible to attend a defensive driving school again within twenty-four months from the
day of the last violation for which the person was authorized by this article to attend a
defensive driving school.
C. Notwithstanding subsection A of this section:
1. An individual who commits a civil or criminal traffic violation resulting in
death or serious physical injury is not eligible to attend a defensive driving school,
except that the court may order the individual to attend a defensive driving school in
addition to another sentence imposed by the court on an adjudication or admission of the
traffic violation.
2. If a commercial driver license holder or a driver of a commercial motor vehicle
that requires a commercial driver license is found guilty or responsible for a moving
violation, the court may require the violator to attend defensive driving school as an
element of sentence, but may not dismiss the conviction or finding of responsibility and
shall report the conviction or finding of responsibility to the department as prescribed
in section 28-1559. A commercial driver license holder or a driver of a commercial motor
vehicle that requires a commercial driver license is not eligible for the defensive
driving diversion program.
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