28-672

28-672. Causing serious physical injury or
death by a moving violation; penalties; classification; definition

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 or death to another person:

1. Section 28-645, subsection A, paragraph 3, subdivision (a).

2. Section 28-729.

3. Section 28-771.

4. Section 28-772.

5. Section 28-773.

6. Section 28-792.

7. Section 28-794.

8. Section 28-797, subsection F, G, H or I.

9. Section 28-855, subsection B.

10. 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:

1. For a first violation of this section, 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 and not more than one hundred eighty days if the violation
results in death.

2. For a second or subsequent violation of this section within a period of
thirty-six months, shall direct the department to suspend the person's driving privilege
for ninety days if the violation results in serious physical injury and 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.

I. For the purposes of this section, "serious physical injury" has the same meaning
prescribed in section 13-105.