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§17C-5-3. Reckless driving; penalties.
(a) Any person who drives any vehicle upon any street or
highway, or upon any residential street, or in any parking area, or
upon the ways of any institution of higher education, whether
public or private, or upon the ways of any state institution, or
upon the property of any county boards of education, or upon any
property within the state park and public recreation system
established by the Director of the Division of Natural Resources
pursuant to section three, article four, chapter twenty of this
code in willful or wanton disregard for the safety of persons or
property is guilty of reckless driving.
(b) The provisions of subsection (a) of this section shall not
apply to those areas which have been temporarily closed for racing
sport events or which may be set aside by the Director of the
Division of Natural Resources within the state park and recreation
system for exclusive use by motorcycles or other recreational
vehicles.
(c) Every person convicted of reckless driving is guilty of a
misdemeanor, and upon a first conviction thereof, shall be confined
in jail for a period of not less than five days nor more than
ninety days, or fined not less than twenty-five dollars nor more
than five hundred dollars, or both, and upon conviction of a second
or subsequent conviction thereof, shall be confined in jail not
less than ten days nor more than six months, or fined not less than
fifty dollars nor more than one thousand dollars, or both.
(d) Notwithstanding the provisions of subsection (c) of this
section, any person convicted of a violation of subsection (a) of
this section who in doing so proximately causes another to suffer
serious bodily injury shall, upon conviction, be confined in jail
not less than ten days nor more than six months or fined not less
than fifty dollars nor more than one thousand dollars, or both.
(e) For purposes of subsection (d) of this section, "serious
bodily injury" means bodily injury which creates a substantial risk
of death, which causes serious or prolonged disfigurement,
prolonged impairment of health or prolonged loss or impairment of
the function of any bodily organ.
§17C-6-1. Speed limitations generally; penalty.
(a) No person may drive a vehicle on a highway at a speed
greater than is reasonable and prudent under the existing
conditions and the actual and potential hazards. In every event
speed shall be so controlled as may be necessary to avoid colliding
with any person, vehicle or other conveyance on or entering the
highways in compliance with legal requirements and the duty of all
persons to use due care.
(b) Where no special hazard exists that requires lower speed
for compliance with subsection (a) of this section, the speed of
any vehicle not in excess of the limits specified in this section
or established as authorized in this section is lawful, but any
speed in excess of the limits specified in this subsection or
established as authorized in this section is unlawful. The
following speed limits apply:
(1) Fifteen miles per hour in a school zone during school
recess or while children are going to or leaving school during
opening or closing hours. A school zone is all school property,
including school grounds and any street or highway abutting the
school grounds and extending one hundred twenty-five feet along the
street or highway from the school grounds. The speed restriction
does not apply to vehicles traveling on a controlled-access highway
which is separated from the school or school grounds by a fence or
barrier approved by the division of highways;
(2) Twenty-five miles per hour in any business or residence district; and
(3) Fifty-five miles per hour on open country highways, except
as otherwise provided by this chapter.
The speeds set forth in this section may be altered as
authorized in sections two and three of this article.
(c) The driver of every vehicle shall, consistent with the
requirements of subsection (a) of this section, drive at an
appropriate reduced speed when approaching and crossing an
intersection or railway grade crossing, when approaching and going
around a curve, when approaching a hill crest, when traveling upon
any narrow or winding roadway and when a special hazard exists with
respect to pedestrians or other traffic or by reason of weather or
highway conditions.
(d) The speed limit on controlled access highways and
interstate highways, where no special hazard exists that requires
a lower speed, shall be not less than fifty-five miles per hour and
the speed limits specified in subsection (b) of this section do not
apply.
(e) Unless otherwise provided in this section, any person who
violates the provisions of this section is guilty of a misdemeanor
and, upon conviction thereof, shall be fined not more than one
hundred dollars; upon a second conviction within one year
thereafter, shall be fined not more than two hundred dollars; and,
upon a third or subsequent conviction within two years thereafter,
shall be fined not more than five hundred dollars: Provided, That if the third or subsequent conviction is based upon a violation of
the provisions of this section where the offender exceeded the
speed limit by fifteen miles per hour or more, then upon
conviction, shall be fined not more than five hundred dollars or
confined in the county or regional jail for not more than six
months, or both.
(f) Any person who violates the provisions of subdivision (1),
subsection (b) of this section is guilty of a misdemeanor and, upon
conviction thereof, shall be fined not less than one hundred
dollars nor more than five hundred dollars: Provided, That if the
conviction is based upon a violation of the provisions of
subdivision (1), subsection (b) of this section where the offender
exceeded the speed limit by fifteen miles per hour or more in the
presence of one or more children, then upon conviction, shall be
fined not less than one hundred dollars nor more than five hundred
dollars or confined in the regional or county jail for not more
than six months, or both.
(g) If an owner or driver is arrested under the provisions of
this section for the offense of driving above the posted speed
limit on a controlled access highway or interstate highway and if
the evidence shows that the motor vehicle was being operated at ten
miles per hour or less above the speed limit, then, upon conviction
thereof, that person shall be fined not more than five dollars,
plus court costs.
(h) Any person operating a commercial motor vehicle engaged in the transportation of coal on the coal resource transportation road
system who violates subsection (a), (b) or (c) of this section
shall, upon conviction, be subject to fines in triple the amount
otherwise provided in subsection (e) of this section.
(i) If an owner or driver is convicted under the provisions of
this section for the offense of driving above the speed limit on a
controlled-access highway or interstate highway of this state and
if the evidence shows that the motor vehicle was being operated at
ten miles per hour or less above the speed limit, then
notwithstanding the provisions of section four, article three,
chapter seventeen-b of this code, a certified abstract of the
judgment on the conviction shall not be transmitted to the division
of motor vehicles: Provided, That the provisions of this
subsection do not apply to conviction of owners or drivers who have
been issued a commercial driver's license as defined in chapter
seventeen-e of this code, if the offense was committed while
operating a commercial vehicle.
(j) If an owner or driver is convicted in another state for
the offense of driving above the maximum speed limit on a
controlled-access highway or interstate highway and if the maximum
speed limit in the other state is less than the maximum speed limit
for a comparable controlled-access highway or interstate highway in
this state, and if the evidence shows that the motor vehicle was
being operated at ten miles per hour or less above what would be
the maximum speed limit for a comparable controlled-access highway or interstate highway in this state, then notwithstanding the
provisions of section four, article three, chapter seventeen-b of
this code, a certified abstract of the judgment on the conviction
shall not be transmitted to the division of motor vehicles or, if
transmitted, shall not be recorded by the division, unless within
a reasonable time after conviction, the person convicted has failed
to pay all fines and costs imposed by the other state: Provided,
That the provisions of this subsection do not apply to conviction
of owners or drivers who have been issued a commercial driver's
license as defined in chapter seventeen-e of this code, if the
offense was committed while operating a commercial vehicle.
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