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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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