Section 28.35.410. Negligent driving.

   (a) A person who drives a motor vehicle in the state in a manner that creates an unjustifiable risk of harm to a person or to property and who, as a result of the creation of the risk, actually endangers a person or property is guilty of negligent driving.  An unjustifiable risk is a risk of such a nature and degree that a failure to avoid it constitutes a deviation from the standard of care that a reasonable person would observe in the situation.  Proof that a defendant actually endangered a person or property is established by showing that, as a result of the defendant's driving,
        (1) an accident occurred;
        (2) a person, including the defendant, took evasive action to avoid an accident;
        (3) a person, including the defendant, stopped or slowed down suddenly to avoid an accident; or
        (4) a person or property, including the defendant or the defendant's property, was otherwise endangered.
   (b) The offense of negligent driving is a lesser offense than, and included in, the offense of reckless driving, and a person charged with reckless driving may be convicted of the lesser offense of negligent driving.
   (c) A person convicted of negligent driving is guilty of an infraction as provided under AS 28.90.010.
   (d) Lawfully conducted automobile, snowmobile, motorcycle or other motor vehicle racing or exhibition events are not subject to the provisions of this section.

Authorities

28.35.045

Notes

References

AS 28.35.045

History

(Sec. 7 ch 74 SLA 1974; am Sec. 6 ch 241 SLA 1976; am Sec. 19 ch 144 SLA 1977; am Sec. 43 ch 21 SLA 1985)