Section 28.15.182. Court revocation of license for accident causing death.

   (a) A court convicting a person for a violation of the traffic laws may revoke the driver's license, privilege to drive, or privilege to obtain a license of a person if the court finds by clear and convincing evidence that
        (1) the person was operating a motor vehicle or commercial motor vehicle that was involved in an accident;
        (2) the accident caused the death of another person; and
        (3) the violation of traffic laws by the person was a significant contributing cause of the accident.
   (b) The license revocation imposed under (a) of this section may be for a period of up to three years. This period is concurrent with any other period of revocation under AS 28.15.165 or 28.15.181, or any other action imposed by the department or court in connection with the accident.
   (c) A court revoking a person's driver's license, privilege to drive, or privilege to obtain a license under (a) of this section may consider a request for a limited license by the person. A court may not grant a limited license if another statute prohibits a limited license for violation of its provisions. A court shall require a certification of employment to prove any claim based on the person's employment and a certification of need by a licensed health care practitioner to prove a claim based on care for another person. After a review has been made of the person's driving record and other relevant information, the court may grant limited license privileges for all or part of the period of revocation if the court finds that a limitation can be placed on the license that will enable the person to drive without danger to the public and that, without a limited license,
        (1) the person's ability to earn a livelihood would be severely impaired; or
        (2) the person would be severely impaired in acting as the primary caregiver for someone with a debilitating physical or mental condition.
   (d) When imposing a limitation under (c) of this section, the court shall
        (1) require the surrender of the driver's license; and
        (2) issue to the person a certificate valid for the duration of the limitation specifying the terms of the limited license.
   (e) A representative of the family of a person who died under circumstances as described in (a) of this section may testify at a hearing addressing a driver's license revocation under (a) of this section or a request for a limited license under (c) of this section.
   (f) In this section, "traffic laws" has the meaning given in AS 28.15.261.

Notes

Recent Bills that will modify this

HB 162 DMV REVOCATION OF DRIVER'S LICENSE

History

(Sec. 2 ch 89 SLA 2003)