§ 31-26-1 - Duty to stop in accidents resulting in personal injury.
SECTION 31-26-1
§ 31-26-1 Duty to stop in accidentsresulting in personal injury. – (a) The driver of any vehicle knowingly involved in an accident resulting ininjury to, serious bodily injury to, or death of any person shall immediatelystop the vehicle at the scene of the accident or as close to it as possible,but shall then immediately return to and in every event shall remain at thescene of the accident until he or she has fulfilled the requirements of §31-26-3. A stop shall be made without obstructing traffic more than isnecessary.
(b) Any person knowingly failing to stop or to comply withthe requirements under circumstances which result in injury to any person shallupon conviction be punished by a mandatory loss of license for at least oneyear and not more than five (5) years and imprisonment for not more than five(5) years and/or fined up to five thousand dollars ($5,000).
(c) Any person knowingly failing to stop or to comply withthe requirements under circumstances which result in serious bodily injury toany person shall upon conviction be punished as follows:
(i) Every person convicted of a first violation shall bepunished by imprisonment for not less than one year and for not more than ten(10) years and by a fine of not less than one thousand dollars ($1,000), normore than five thousand dollars ($5,000). The sentencing judge shall have thediscretion to sentence the person to any unit of the adult correctionalinstitutions. Additionally, the license of the person may be revoked for aperiod of up to two (2) years. The license privilege shall not be reinstateduntil evidence satisfactory to the administrator of the division of motorvehicles establishes that no grounds exist which would authorize refusal toissue a license and until the person gives proof of financial responsibilitypursuant to chapter 32 of this title.
(ii) For a second or subsequent conviction under thissubsection within a five (5) year period, a person shall be punished byimprisonment for not less than two (2) years nor more than fifteen (15) yearsand by a fine of not less than three thousand dollars ($3,000) nor more thanten thousand dollars ($10,000). The sentencing judge shall have the discretionto sentence the person to any unit of the adult correctional institutions.Additionally, the license of the person may be revoked for a period of up tofour (4) years. The license privilege shall not be reinstated until evidencesatisfactory to the administrator of the division of motor vehicles establishesthat no grounds exist which would authorize refusal to issue a license anduntil the person gives proof of financial responsibility pursuant to chapter 32of this title.
(2) As used in this subsection, "serious bodily injury" meansphysical injury that creates a substantial risk of death or causes seriousphysical disfigurement or protracted loss or impairment of the function of anybodily member or organ.
(d) Any person knowingly failing to stop or to comply withthe requirements under circumstances which result in the death of any person,shall upon conviction be punished pursuant to the provisions of this subsectionas follows:
(1) Every person convicted of a first violation of thissubsection shall be punished by imprisonment in the state prison for not lessthan two (2) years and for not more than fifteen (15) years, in any unit of theadult correctional institutions in the discretion of the sentencing judge, by afine of not less than five thousand dollars ($5,000) nor more than ten thousanddollars ($10,000), and his or her license to operate a motor vehicle shall berevoked for a period of three (3) years. The license privilege shall not bereinstated until evidence satisfactory to the administrator of the division ofmotor vehicles establishes that no grounds exist which would authorize therefusal to issue a license, and until the person gives proof of financialresponsibility pursuant to chapter 32 of this title.
(2) Every person convicted of a second or subsequentviolation of this subsection within a five (5) year period shall be punished byimprisonment in the state prison for not less than five (5) years and for notmore than twenty (20) years, in any unit of the adult correctional institutionsin the discretion of the sentencing judge, by a fine of not less than tenthousand dollars ($10,000) nor more than twenty thousand dollars ($20,000) andhis or her license to operate a motor vehicle shall be revoked for a period offive (5) years. The license privilege shall not be reinstated until evidencesatisfactory to the administrator of the division of motor vehicles establishesthat no grounds exist which would authorize the refusal to issue a license, anduntil the person gives proof of financial responsibility pursuant to chapter 32of this title.
(e) This section shall apply in its entirety to any driver ofa motor vehicle knowingly involved in an accident with a person riding abicycle.