Sec 28-676. Causing serious physical injury by use of a vehicle; classification  


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  • A. A person is guilty of causing serious physical injury by use of a vehicle if all of the following apply:

    1. The person is not allowed to operate a motor vehicle pursuant to subsection B of this section.

    2. While operating a motor vehicle, the person causes serious physical injury as defined in section 13-105 to another person.

    3. The person commits a violation of any of the following:

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

    (b) Section 28-729.

    (c) Section 28-771.

    (d) Section 28-772.

    (e) Section 28-773.

    (f) Section 28-792.

    (g) Section 28-794.

    (h) Section 28-797, subsection F, G, H or I.

    (i) Section 28-855, subsection B.

    (j) Section 28-857, subsection A.

    B. For the purposes of this section, a person shall not operate a motor vehicle if any of the following applies:

    1. The person's driving privilege is revoked for any reason.

    2. The person's driving privilege is suspended for any reason pursuant to chapter 4, article 3 of this title.

    3. The person's driving privilege is suspended pursuant to section 28-1321.

    4. The person's driving privilege is suspended pursuant to the department's action based on a previous conviction for a violation of section 28-3473.

    5. The person's driving privilege is suspended pursuant to section 28-3306, subsection A.

    6. The person's driving privilege is suspended pursuant to section 28-3308 and the person has had one or more previous suspensions pursuant to that section.

    7. The person does one of the following to obtain a driver license:

    (a) Knowingly uses a false or fictitious name.

    (b) Knowingly makes a false statement.

    (c) Knowingly conceals a material fact.

    (d) Commits fraud.

    (e) Violates section 28-3479.

    8. The person does not have a valid driver license and a proper endorsement, if required, as prescribed by chapter 8 of this title and the person is not exempt pursuant to chapter 8 of this title.

    C. Causing serious physical injury by use of a vehicle is a class 5 felony.