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Current as of January 01, 2025 | Updated by Findlaw Staff
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:
(a) May allow an individual who is issued a citation for a violation of § 28-701.02 to attend a defensive driving school.
(b) Shall allow an individual who holds a commercial driver license and who is issued a citation for a civil traffic moving violation pursuant to chapter 3, article 2, 3, 4, 6, 7, 8, 9, 10, 11, 12, 13, 14 or 15 of this title 1 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 only if the individual was driving a vehicle requiring a class D license or a class M license and the vehicle was not being used for commercial purposes.
B. A person who attends a defensive driving school pursuant to this article is not eligible to attend a defensive driving school again within twelve 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 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 § 28-1559. A driver of a commercial motor vehicle that requires a commercial driver license is not eligible for the defensive driving diversion program.
Cite this article: FindLaw.com - Arizona Revised Statutes Title 28. Transportation § 28-3392. Defensive driving school; eligibility - last updated January 01, 2025 | https://codes.findlaw.com/az/title-28-transportation/az-rev-st-sect-28-3392/
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature before relying on it for your legal needs.
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