Serious Injuries from Traffic Violations
When Moving Violations Go Very Wrong
Arizona has created a criminal offense (ARS 28-672) for the scenario when a person commits a moving violation that results in another death. Some people refer to this crime as “misdemeanor manslaughter.”
If you violate an Arizona traffic law that results in a serious injure or death of another person it is class 3 misdemeanor offense.
Moving Violation Causing Death
Traditionally, when you made a mistake that resulted in car accident where a person was injured, the remedy was a civil lawsuit. These kinds of lawsuit are only about determining the amount of money that should compensate the injured person for their injuries. Then, for some reason, Arizona came up with a new twist: A.R.S. § 28-672.
The law provides that it is a crime, if you cause a serious physical injury (or death), as a result of violating some common traffic offenses such as:
- Running a red light
- Driving outside your lane
- Failing to yield the right of way entering an intersection
- Failing to yield when turning left
- Failing to stop at a stop sign
- Failing to yield at a crosswalk for a pedestrian
- Failing to exercise due care to avoid hitting a pedestrian
- School zone violations
- Failing to stop for a school bus
A violation of the statute is a class 1 misdemeanor. The potential penalties include a term of jail. However, jail is at the discretion of the court and not required.
Driver's License Penalties
In addition to being the potential criminal penalties you must also be concerned about your driver’s license. A conviction requires that you successfully complete traffic survival school.
The law require that the court shall report a conviction for a violation to the Arizona MVD. Previously the law required:
- For a first violation of this section, may direct the department to suspend the person’s driving privilege for not more than one hundred eighty days if the violation results in serious physical injury and not more than one year if the violation results in death.
- 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 one hundred eighty days if the violation results in serious physical injury and one year if the violation results in death.
However, a recent change now mandates:
For a first violation of this section, may shall direct the department to suspend the person’s driving privilege or restrict the person’s driving privilege as described in section 28–144 for at least ninety days and not more than one hundred eighty days if the violation results in serious physical injury and at least one hundred eighty days and not more than one year if the violation results in death.
Approved by the Governor, April 30, 2019, 2019 Ariz. Legis. Serv. Ch. 153.
Are you entitled to a jury trial if charged with a violation of A.R.S. § 28-672?
No.
Important Case Law
Phoenix City Prosecutor’s Office v. Honorable Monyette Nyquist and Jamie Hernandez-Alejandro, 243 Ariz. 227, 404 P.3d 255 (2017).
Does the law require you intended to cause the accident or injury to violate A.R.S. § 28-672?
No.
Hiring a Severe Traffic Violation Attorney in Phoenix, AZ
Arizona DUI law is extremely complicated and has severe consequences. DUI law is commonly referred to as a minefield. An attorney must be competent in the Arizona Rules of “Criminal” Procedure, the Arizona Rules of Evidence, the United States and Arizona Constitutions, and the Arizona Department of Motor Vehicles Rules and Regulations.
An attorney cannot do anything for you unless he or she has extensive experience in these areas. Police officers are only human and do commit legal errors. However, only an experienced DUI attorney will be able to find these errors and use them to help his or her client.
You should choose an experienced DUI attorney for the same reason you should choose a qualified doctor. If you break your wrist, you go to a doctor that specializes in wrist injuries. When you are charged with a DUI, you should hire a qualified DUI attorney.
An experienced Arizona DUI attorney can analyze your case for legal errors and defenses. He or she can have blood samples independently analyzed, look for suppression issues, review calibration / COBRA records of breath machines, find the right expert witnesses for your trial, and assist you with your driver’s license issues.
For more information, call our office at (602) 560-7837 or visit our contact page.
Hear From the People We’ve Helped
Testimonials and Reviews
At The Koplow Law Firm, your satisfaction is our priority! See for yourself what our clients have to say about working with us.
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"Great trial attorney."
Lawrence is tenacious, relentless, and extremely passionate about his clients and their cases. He leaves no stone unturned in his investigations, and his cross examinations are grueling. His knowledge of the science of DUI's and the testing procedures is unsurpassed. Great trial attorney.
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"Unquestionably one of the top DUI/ criminal defense attorneys in Arizona."As a practicing attorney in DUI and criminal defense, and as a former prosecutor who went against Lawrence on several cases, I can attest that the State knows they will have their hands full when Lawrence is on the case.- Ryan M.
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"You cannot go wrong with Lawrence."
Great attorney! Lawrence thinks outside the box and goes above and beyond for his clients and the legal community at large. If you are looking for aggressive representation, you cannot go wrong with Lawrence.
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"No other lawyer knows the science of DUI like Lawrence does."Lawrence is the best lawyer I have ever met. If your career is on the line then he is the guy. No other lawyer knows the science of DUI like Lawrence does. I will be forever grateful!- Greg S.
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It was miracle!... A lot of people don't really understand the benefit of having an attorney who used to be a prosecutor. They know all the little tricks and scare tactics the state has as opposed to just hiring an attorney who is a little fish in a big pond.
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"One of the best."Lawrence Koplow is one of the best DUI and vehicular defense attorneys in the state of Arizona. Anyone would be extremely fortunate to have him as their advocate.- Jack L.
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"You cannot go wrong with Lawrence."Lawrence thinks outside the box and goes above and beyond for his clients and the legal community at large. If you are looking for aggressive representation, you cannot go wrong with Lawrence.- Charity C.
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"Nobody knows the court and laws better than him."Lawrence represents very high-profile clients who greatly depend on a good outcome, and this guy will deliver. This is a prosecutors' worse nightmare, and it should be that way if you need an attorney.- David E.
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