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§47-11-904.
§47-11-904.
A. Any person who is involved in a personal injury accident while
driving or operating a motor vehicle within this state and who is in
violation of the provisions of subsection A of Section 11-902 of this
title may be charged with a violation of the provisions of this
subsection as follows:
1. Any person who is convicted of a violation of the provisions of
this subsection shall be deemed guilty of a misdemeanor for the first
offense and shall be punished by imprisonment in the county jail for
not less than ninety (90) days nor more than one (1) year, and a fine
of not more than Two Thousand Five Hundred Dollars ($2,500.00); and
2. Any person who is convicted of a second or subsequent violation of
the provisions of this subsection shall be deemed guilty of a felony
and shall be punished by imprisonment in a state correctional
institution for not less than one (1) year and not more than five (5)
years, and a fine of not more than Five Thousand Dollars ($5,000.00).
B. 1. Any person who causes an accident resulting in great bodily
injury to any person other than himself while driving or operating a
motor vehicle within this state and who is in violation of the
provisions of subsection A of Section 11-902 of this title may be
charged with a violation of the provisions of this subsection. Any
person who is convicted of a violation of the provisions of this
subsection shall be deemed guilty of a felony punishable by
imprisonment in a state correctional institution for not less than one
(1) year and not more than five (5) years, and a fine of not more than
Five Thousand Dollars ($5,000.00).
2. As used in this subsection, "great bodily injury" means bodily
injury which creates a substantial risk of death or which causes
serious, permanent disfigurement or protracted loss or impairment of
the function of any bodily member or organ.
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