House of Representatives

HB 2479

traffic violations; driver license impact

Sponsors: Representatives Pearce, Blendu, Johnson, Brimhall, et al

X	Committee on Transportation
	Caucus and COW
	Third Read
	As Passed the House

HB 2479 repeals A.R.S Title 28, Chapter 8, article 7 that authorizes courts to dismiss the civil or criminal traffic violation of an eligible individual that has successfully completed the course at a defensive driving school.

History

Current law allows the courts to dismiss the civil or criminal traffic violation of an individual that has successfully completed the course at a defensive driving school.

ARS 28-3395 authorizes the Supreme Court to do the following:

1. Supervise the use of defensive driving schools by the courts in this state.

2. Establish an automated statewide data base for keeping a record of persons who attend a defensive driving school.

3. Adopt rules that establish criteria for the certification of qualified defensive driving schools and instructors used by the courts.

4. Establish procedures for courts and schools to remit reports that are required by the supreme court.

5. Certify and monitor defensive driving schools and instructors that serve as a court authorized diversion program.

A person who attends a defensive driving school 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 to attend a defensive driving school. Currently there are 14 certified defensive driving schools in Arizona that administer 281 sites. Approximately 213,100 students attended defensive driving school during the past year.

Provisions

· Repeals A.R.S Title 28, Chapter 8, article 7 that authorizes courts to dismiss the civil or criminal traffic violation of an individual that has successfully completed the course at a defensive driving school.

· Provides that for an individual that admits in court a first time civil traffic or excessive speeding violation of within a twenty-four month period, the Motor Vehicle Division (MVD) shall not consider the violation for the purpose of suspending or revoking the individual’s driver license.

· States that for an individual that denies the allegations in court contained in a traffic complaint, the MVD shall consider the violation for the purpose of suspending or revoking the individual’s driver license.

· Requires that for an individual that admits in court a second or subsequent time civil traffic or excessive speeding violation of within a twenty-four month period, the MVD shall consider the violation for the purpose of suspending or revoking the individual’s driver license.

· Establishes that in each fiscal year the first three million dollars in fines collected shall be distributed pursuant to Supreme Court established procedures.

· Makes technical and conforming changes.

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45th Legislature

Second Regular Session 2 January 25, 2002

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