Title 9 — Motor Vehicles and Traffic
§ 9.01 — General application
Traffic stops, citations, towing, license points, and impoundment must be supported by observed facts or reliable evidence. A vehicle may not be searched solely because of a minor traffic infraction. “Highway” includes public streets and publicly accessible vehicle areas unless a section requires otherwise.
Chapter 9A — Licensing, registration, and equipment
| Section | Offense | Grade | Elements |
|---|---|---|---|
| § 9.10 | Driver license not carried | I | Operates a motor vehicle without displaying a valid license upon lawful demand, but is otherwise licensed. Dismissible upon proof. |
| § 9.11 | Driving without a valid license | M3 | Operates a motor vehicle without having been issued a valid license for that class. Repeat offense is M2. |
| § 9.12 | Driving while license suspended or revoked | M2 | Knowingly operates while driving privilege is suspended or revoked. DUI- or felony-related revocation is M1. |
| § 9.13 | Unregistered vehicle | I | Operates or knowingly permits operation of a vehicle without current registration. Fraudulent registration is M1. |
| § 9.14 | No proof of insurance | I | Operates without producing required proof of financial responsibility. Dismissible upon proof that coverage existed. |
| § 9.15 | Operating without insurance | M3 | Knowingly operates or permits operation without required financial responsibility. Collision causing loss is M1. |
| § 9.16 | Improper or fictitious plates | M2 | Displays a plate assigned to another vehicle, altered plate, obscured plate intended to evade identification, or fictitious registration. |
| § 9.17 | Unsafe vehicle equipment | I | Operates a vehicle with defective brakes, required lights, tires, windshield, mirrors, or other safety equipment creating unreasonable risk. |
| § 9.18 | Illegal vehicle modification | I | Operates with prohibited lighting, tint, exhaust, ride height, tire configuration, or other modification. Knowing use to evade police or facilitate crime is M2. |
| § 9.19 | Unauthorized emergency lights or siren | M1 | Equips or operates a private vehicle with emergency lights, markings, or siren likely to cause others to yield or believe it is official. Impersonation may also apply. |
| § 9.20 | Failure to display commercial markings | I | Operates a commercial, taxi, tow, delivery, or regulated vehicle without required identifying and permit information. |
| § 9.21 | Overweight or unsecured load | M3 | Operates with an unsafe, overweight, leaking, or unsecured load. Hazardous cargo or resulting injury is M1. |
Chapter 9B — Rules of the road
| Section | Offense | Grade | Elements |
|---|---|---|---|
| § 9.30 | Speeding — 1 to 15 mph over | I | Exceeds the posted or lawful limit by not more than 15 mph. |
| § 9.31 | Speeding — 16 to 30 mph over | I | Exceeds the limit by 16 through 30 mph. Enhanced fine and two license points. |
| § 9.32 | Excessive speed — more than 30 mph over | M3 | Exceeds the limit by more than 30 mph or drives at a speed grossly unsafe for conditions. Reckless driving may be charged when additional risk is present. |
| § 9.33 | Failure to obey a traffic-control device | I | Disobeys a lawful sign, signal, lane control, barricade, or officer directing traffic. |
| § 9.34 | Failure to stop | I | Fails to make a required complete stop at a sign, signal, crossing, or stop line. |
| § 9.35 | Failure to yield | I | Fails to yield right-of-way as required, including at intersections, crosswalks, merges, and roundabouts. Collision or endangerment is M3. |
| § 9.36 | Unsafe lane change | I | Changes lanes without reasonable safety, clearance, or signal. |
| § 9.37 | Improper turn or U-turn | I | Turns from an improper lane, fails to signal, or makes a prohibited or unsafe U-turn. |
| § 9.38 | Driving against traffic | M3 | Knowingly drives the wrong direction on a divided road, one-way street, or controlled lane. Brief inadvertence without danger is an infraction. |
| § 9.39 | Following too closely | I | Follows another vehicle more closely than is reasonable for speed, traffic, and conditions. |
| § 9.40 | Unsafe backing | I | Backs a vehicle without reasonable safety or interferes with traffic. |
| § 9.41 | Improper passing | I | Passes where prohibited, across unsafe markings, without sufficient clearance, or on a shoulder. Serious danger is M3. |
| § 9.42 | Driving on a sidewalk or pedestrian area | M3 | Operates a motor vehicle on a sidewalk, plaza, trail, or pedestrian-only area without necessity or authority. Reckless danger is M1. |
| § 9.43 | Failure to yield to pedestrian | I | Fails to yield to a pedestrian lawfully in a crosswalk or roadway. Injury is M1 in addition to applicable assaultive offense. |
| § 9.44 | Failure to yield to an emergency vehicle | M2 | Fails to pull over, stop, or provide reasonable passage to an emergency vehicle using required signals. |
| § 9.45 | Failure to move over | I | When reasonably safe, fails to change lanes or substantially reduce speed for a stopped emergency, tow, utility, or highway vehicle displaying warning lights. |
| § 9.46 | Obstructing traffic | I | Stops, parks, or drives at an unnecessarily slow speed so as to obstruct normal movement without necessity. Intentional public-way obstruction may be charged under § 5.18. |
| § 9.47 | Improper parking | I | Parks in a prohibited, reserved, fire, loading, transit, or restricted zone. Towing is authorized when safety or access is affected. |
| § 9.48 | Abandoned vehicle | I | Leaves a vehicle on public or private property beyond the posted period without consent. Hazard or evidence-related vehicles may be towed immediately. |
| § 9.49 | Seat-belt violation | I | Operates or rides in a moving vehicle without required restraint. |
| § 9.50 | Child-restraint violation | M3 | Knowingly transports a child without an age-appropriate required restraint. |
| § 9.51 | Motorcycle helmet violation | I | Operates or rides a motorcycle without a helmet where required by state policy. |
| § 9.52 | Distracted driving | I | Uses a handheld device, watches media, or engages in another avoidable distraction that materially interferes with safe operation. Collision is M3. |
| § 9.53 | Open alcohol container in vehicle | I | Possesses an open alcoholic beverage in the passenger area of a motor vehicle on a public highway, absent a lawful passenger-service exception. |
| § 9.54 | Unlawful off-road operation | M3 | Operates off-road on protected, posted, railroad, airport, utility, or private land without authority. Property damage may be separately charged. |
Chapter 9C — Dangerous driving and collision offenses
| Section | Offense | Grade | Elements |
|---|---|---|---|
| § 9.60 | Careless driving | M3 | Operates without due care in a manner endangering or likely to endanger person or property. |
| § 9.61 | Reckless driving | M1 | Operates with willful or wanton disregard for safety, demonstrated by extreme speed, dangerous maneuvers, repeated violations, or conscious risk. |
| § 9.62 | Aggravated reckless driving | F5 | Reckless driving creates an imminent risk of death, occurs in a crowded area, involves wrong-way freeway travel, or causes bodily injury. Serious injury is F4. |
| § 9.63 | Street racing | M1 | Drives in a speed or acceleration contest on a public way or unauthorized property. Organizer or repeat offense is F5. |
| § 9.64 | Exhibition of speed or drifting | M3 | Intentionally accelerates, spins tires, performs donuts, drifts, or loses traction for display on a public way or accessible property. Substantial danger is M1. |
| § 9.65 | Vehicular stunt in a populated area | M1 | Intentionally performs a jump, high-speed weave, blockade, or stunt in an area where persons are foreseeably endangered. |
| § 9.66 | Hit and run — property damage | M2 | Involved in a collision causing property damage, knowingly fails to stop, identify, and provide required information. |
| § 9.67 | Hit and run — injury | F5 | Involved in a collision causing or apparently causing bodily injury, knowingly fails to stop, render reasonable aid, and report. Serious injury is F4; death is F3. |
| § 9.68 | Failure to report a collision | M3 | Fails to make a required report of a collision involving injury, major damage, public property, or an unattended vehicle. |
| § 9.69 | Leaving a disabled vehicle in a hazardous position | M3 | After a collision or breakdown, fails when reasonably able to move, mark, or report a vehicle that creates a traffic hazard. |
| § 9.70 | Throwing substance from a vehicle | I | Deposits litter, liquid, smoke-producing material, or an object from a vehicle. Dangerous objects are governed by § 5.41. |
Chapter 9D — Impaired driving
“Under the influence” means impairment to the slightest degree affecting safe operation, or an alcohol/drug concentration at or above the administratively adopted per-se limit.
| Section | Offense | Grade | Elements |
|---|---|---|---|
| § 9.80 | Driving under the influence — first offense | M1 | Operates or is in actual physical control of a vehicle while under the influence of alcohol, cannabis, a controlled substance, or impairing combination. |
| § 9.81 | Aggravated DUI | F5 | DUI with extreme concentration, child passenger, suspended DUI license, wrong-way driving, refusal plus dangerous driving, or a prior DUI conviction. |
| § 9.82 | DUI causing injury | F4 | DUI is a substantial cause of bodily injury. Serious bodily injury is F3. |
| § 9.83 | DUI causing death | F2 | DUI is a substantial cause of death. |
| § 9.84 | Refusal of lawful chemical test | I plus license suspension | After lawful DUI arrest and implied-consent warning, refuses an authorized evidentiary chemical test. A warrant may be sought. |
| § 9.85 | Operating a commercial or emergency vehicle while impaired | F5 | Operates a commercial passenger, hazardous-material, school, or emergency vehicle while impaired or above the lower applicable concentration. |
| § 9.86 | Permitting an impaired person to drive | M1 | An owner or person in control knowingly permits an impaired person to operate a vehicle. |
Chapter 9E — Police pursuit, commercial vehicles, and impoundment
| Section | Offense | Grade | Elements |
|---|---|---|---|
| § 9.90 | Failure to stop for police | M1 | After a clear lawful signal by an identifiable peace officer, knowingly fails to stop within a reasonable distance without engaging in sustained flight. |
| § 9.91 | Felony vehicular fleeing | F5 | Knowingly engages in sustained vehicle flight from police. |
| § 9.92 | Aggravated vehicular fleeing | F3 | During flight, drives recklessly, enters opposing traffic, exceeds the limit by more than 30 mph, causes injury, or creates substantial risk to multiple persons. |
| § 9.93 | Unauthorized pursuit interference | F5 | Knowingly joins, blocks, scouts for, warns, or uses a vehicle to interfere with a lawful police pursuit. |
| § 9.94 | Commercial driving-hours or log violation | M3 | Knowingly exceeds required service hours or falsifies a commercial driver log. Dangerous fatigue or hazardous cargo makes the offense M1. |
| § 9.95 | Unsafe operation of commercial vehicle | M1 | Operates a commercial vehicle in knowing violation of a safety rule creating substantial danger. |
| § 9.96 | Unauthorized passenger transport | M2 | Operates a taxi, rideshare, bus, or for-hire passenger service without required license or insurance. |
| § 9.97 | Unlawful towing | M1 | Tows, holds, damages, or charges for a vehicle without consent, legal authority, required notice, or posted rate. Extortionate retention is F5. |
| § 9.98 | Tampering with an impounded vehicle | M1 | Enters, removes property from, damages, or attempts to recover an impounded vehicle without authority. Removing the vehicle is F4. |
Administrative impound guidance
A vehicle may be impounded when it is stolen, evidence, abandoned, dangerously disabled, uninsured following a collision, operated by a person with no lawful drivers license, used in felony fleeing, used to traffic contraband, or subject to judicial seizure. Inventory searches must follow agency policy and may not be used as a pretext for investigation.
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