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(2017 Replacement) TITLE 10A CRIMINAL TRAFFIC CODE

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(2017 Replacement) TITLE 10A CRIMINAL TRAFFIC CODE PUEBLO OF ACOMA LAWS 2003 (2017 Replacement) TITLE 10A CRIMINAL TRAFFIC CODE This Replacement includes laws enacted since the Pueblo of Acoma Laws 2003 pursuant to Tribal Council Resolutions dated January 1, 2016 through December 31, 2016. Pueblo of Acoma Laws 2003 (2017 Replacement) Page 10A - A PUEBLO OF ACOMA LAWS 2003 (2017 Replacement) TITLE 10A CRIMINAL TRAFFIC CODE These laws may be cited by Title, Chapter, Section and Year as Section or §__-__-__ Pueblo of Acoma Laws 2003 (2017 Replacement) Pueblo of Acoma Laws 2003 (2017 Replacement) Page 10A - B PUEBLO OF ACOMA LAWS 2003 TITLE 10A CRIMINAL TRAFFIC CODE TABLE OF CONTENTS Chapter Page 1. Definitions ..................................................................................................... 10A-1 10A-1-1 Definitions of Words and Phrases ............................................ 10A-1 2. Crimes and Penalties ................................................................................... 10A-1 10A-2-1 Accident Involving Death or Personal Injuries .......................... 10A-1 10A-2-2 Duty to Give Information and Render Aid ................................. 10A-1 10A-2-3 Homicide by vehicle; Great Bodily Harm by Vehicle ................ 10A-2 10A-2-4 Injury to Pregnant Woman by Vehicle ...................................... 10A-3 10A-2-5 Driving Under the Influence of Intoxicating Liquor or Drugs; Aggravated Driving Under the Influence of Intoxicating Liquor or Drugs ....................................................................................... 10A-4 10A-2-6 Reckless Driving .................................................................... 10A-10 10A-2-7 Fleeing or Attempting to Elude a Police Officer ...................... 10A-10 10A-2-8 Unattended Motor Vehicle ...................................................... 10A-10 10A-2-9 Racing on Streets ................................................................... 10A-11 10A-2-10 Parties to Unlawful Acts ......................................................... 10A-11 3. Penalties and Procedure on Arrest .............................................................. 10A-12 10A-3-1 Maximum Penalty ................................................................... 10A-12 10A-3-2 Arrest Without Warrant ........................................................... 10A-12 10A-3-3 Immediate Appearance Before Tribal Judge .......................... 10A-13 10A-3-4 Failure to Obey Notice to Appear ........................................... 10A-14 10A-3-5 Arresting Officer To Be In Uniform ......................................... 10A-14 10A-3-6 Handling of Citations .............................................................. 10A-14 10A-3-7 Illegal Cancellation – Audit of Citation Records ..................... 10A-15 10A-3-8 Abstract of Traffic Cases – Report on Convictions ................. 10A-15 THE REMAINDER OF THIS PAGE LEFT INTENTIONALLY BLANK. Pueblo of Acoma Laws 2003 (2017 Replacement) Page 10A - i PUEBLO OF ACOMA LAWS 2003 TITLE 10A CRIMINAL TRAFFIC CODE Origins: The Pueblo of Acoma Tribal Council adopted the first traffic laws entitled “Motor Vehicle Laws” in 1971. The 1971 Motor Vehicle Laws were substantially amended by the Pueblo of Acoma Law and Order Code in 1985. In 2003, the 1985 Code was recodified as Title 10of Acoma Laws 2003 without substantive change. In 2016 the Pueblo of Acoma Tribal Council enacted TC- AUG-25-16-Via, amending and restating Title 10 as a Civil Traffic Code and Title 10A as a Criminal Traffic Code. Chapter 1. DEFINITIONS 10A-1-1 Definitions of Words and Phrases. A. The following words and phrases when used in this Title shall, for the purpose of this Title, have the meanings respectively ascribed to them in [Titles 10 and 10A .] Annotation: Bracketed language is added to clarify the language of the law. Chapter 2. CRIMES AND PENALTIES 10A-2-1 Accident Involving Death or Personal Injuries. The driver of any vehicle involved in an accident resulting in injury or death of any person shall immediately stop such vehicle at the scene of such accident or as close thereto as possible, but shall then forthwith return to and in every event shall remain at the scene of the accident until he has fulfilled the requirements of Section 10A-2-2. Every such stop shall be made without obstructing traffic more than is necessary. Annotation: Prior to adoption of Title 10A in 2016 this section was codified at 10-4-1 Acoma Laws (2003). 10A-2-2 Duty to Give Information and Render Aid. The driver of any vehicle involved in an accident resulting in injury to or death of any person or damage to any vehicle which is driven or attended by any person […] shall give his name, address, and the registration number of the vehicle he is driving and shall upon request exhibit his driver's license to the person struck, or the driver or occupant of, or person attending any vehicle colliding with and shall render to any person injured in such accident reasonable assistance, including the carrying, or the making of arrangements for the carrying, of such person to a physician, surgeon or Pueblo of Acoma Laws 2003 (2017 Replacement) Page 10A - 1 hospital for medical or surgical treatment if it is apparent that such treatment is necessary or i[f] such carrying is requested by the injured person. Annotation: Prior to adoption of Title 10A in 2016 this section was codified at 10-4-3 Acoma Laws (2003). Bracketed language and ellipses are added to clarify the language of the law 10A-2-3 Homicide by vehicle; Great Bodily Harm by Vehicle. A. Homicide by vehicle is the killing of a human being in the unlawful operation of a motor vehicle. B. Great bodily harm by vehicle is the injuring of a human being, to the extent: 1. The injury to the person creates a high probability of death; 2. The injury causes serious disfigurement; or 3. The injury results in permanent impairment or protracted loss or impairment of the function of any member or organ of the body. C. A person who commits homicide by vehicle or great bodily harm by vehicle: 1. while under the influence of intoxicating and/or; 2. while under the influence of any drug and/or; 3. while violating 10A-2-[6] Reckless Driving and/or; 4. while willfully refusing to bring a vehicle to a stop when given a visual or audible signal to stop, whether by hand, voice, emergency light, flashing light, siren or other signal, by a uniformed officer in an appropriately marked police vehicle and directly or indirectly causes the death of or great bodily harm to a human being; or while violating 10-3-2 Obedience to Officers. is guilty upon conviction of a maximum penalty misdemeanor and shall be sentenced up to, but no greater than, one (1) year imprisonment or a fine of $5,000, or both subject to: i. a sentencing hearing to determine if mitigating or aggravating circumstances exist and the court shall take Pueblo of Acoma Laws 2003 (2017 Replacement) Page 10A - 2 whatever evidence or statements it deems will aid in reaching the sentence to be imposed; ii. aggravating circumstances includes but is not limited to prior convictions for DWI within five (5) years of the occurrence for which he/she is being sentenced. D. Vehicular Homicide or Great Bodily Harm by Vehicle shall not include as predicate offenses: 1. the violation of speeding law[s] as set forth in Title 10 […]; 2. Careless Driving (10-6-12(A)). Annotation: Bracketed language and ellipses are added to clarify the language of the law 10A-2-4 Injury to Pregnant Woman by Vehicle. A. Injury to pregnant woman by vehicle is injury to a pregnant woman by a person other than the woman in the unlawful operation of a motor vehicle causing her to suffer a miscarriage or stillbirth as a result of that injury. B. As used in this section: 1. miscarriage" means the interruption of the normal development of the fetus, other than by a live birth and which is not an induced abortion, resulting in the complete expulsion or extraction from a pregnant woman of a product of human conception; and 2. stillbirth" means the death of a fetus prior to the complete expulsion or extraction from its mother, irrespective of the duration of pregnancy and which is not an induced abortion; and death is manifested by the fact that after the expulsion or extraction the fetus does not breathe spontaneously or show any other evidence of life such as heartbeat, pulsation of the umbilical cord or definite movement of voluntary muscles. C. Any person who commits injury to pregnant woman by vehicle while under the influence of intoxicating liquor or drugs is guilty upon conviction of a maximum penalty misdemeanor and shall be sentenced up to, but no greater than, one (1) year imprisonment or a fine of $5,000, or both provided that: 1. a sentencing hearing to determine if mitigating or Pueblo of Acoma Laws 2003 (2017 Replacement) Page 10A - 3 aggravating circumstances exist and the court shall take whatever evidence or statements it deems will aid in reaching the sentence to be imposed; 2. aggravating circumstances includes but is not limited to prior convictions for DWI within five (5) years of the occurrence for which he/she is being sentenced; 3. that violation of speeding laws as set forth in […]Title 10 shall not per se be a basis for violation of Section 10A-2-[6] Reckless Driving. Annotation: Bracketed language and ellipses are added to clarify the language of the law 10A-2-5 Driving Under the Influence of Intoxicating Liquor or Drugs; Aggravated Driving Under the Influence of Intoxicating Liquor or Drugs. A. It is unlawful for a person who is under the influence of intoxicating liquor to drive a vehicle within the Pueblo of Acoma. B. It is unlawful for any person who is under the influence of any drug to a degree that renders the person incapable of safely driving a vehicle within the Pueblo of Acoma. C. It is unlawful for: 1. a person to drive a vehicle in the Pueblo of Acoma if the person has an alcohol concentration of eight one hundredths (.08) or more in the person’s blood or breath within three (3) hours of driving the vehicle and the alcohol concentration results from alcohol consumed before or while driving the vehicle; or D.
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