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Title 8 — Traffic & Vehicle Code

Title 8 — TRAFFIC & VEHICLE CODE


Chapter 1: Driver Licensing

Section 801 Driving Without a Valid LicenseMISDEMEANOR#

  • (a) A person shall not operate a motor vehicle on a public roadway without a current and valid driver license authorizing operation of that class of vehicle.
  • (b) Penalties:
    • (1) Fine: $500 to $1,500
    • (2) Imprisonment: 0 to 4 minutes

Section 802 Driving While License Suspended or RevokedMISDEMEANOR#

  • (a) A person shall not operate a motor vehicle on a public roadway while the person’s driving privilege is suspended or revoked.
  • (b) Penalties:
    • (1) Fine: $1,000 to $2,500
    • (2) Imprisonment: 1 to 6 minutes

Section 803 Permitting Unlicensed OperationMISDEMEANOR#

  • (a) A person shall not permit another to operate a motor vehicle owned or controlled by the person on a public roadway when the operator lacks a current and valid driver license.
  • (b) Penalties:
    • (1) Fine: $500 to $2,000
    • (2) Imprisonment: 0 to 4 minutes

Chapter 2: Vehicle Registration and Insurance

Section 811 Operating an Unregistered VehicleINFRACTION#

  • (a) A person shall not operate a motor vehicle on a public roadway unless the vehicle is properly registered.
  • (b) Penalties:
    • (1) Fine: $250 to $1,000
    • (2) Imprisonment: 0 to 0 minutes

Section 812 Operating Without Required InsuranceMISDEMEANOR#

  • (a) A person shall not operate a motor vehicle on a public roadway without the insurance required by law.
  • (b) Penalties:
    • (1) Fine: $750 to $2,500
    • (2) Imprisonment: 0 to 4 minutes

Section 813 Display of Registration Plates and IdentifiersINFRACTION#

  • (a) A person shall not operate a motor vehicle on a public roadway without properly displayed plates or required identifiers.
  • (b) Penalties:
    • (1) Fine: $250 to $1,000
    • (2) Imprisonment: 0 to 0 minutes

Chapter 3: Rules of the Road

Section 821 SpeedingINFRACTION#

  • (a) A person shall not operate a motor vehicle at a speed greater than is reasonable and prudent for conditions, or in excess of posted limits.
  • (b) Penalties:
    • (1) Fine: $250 to $1,250
    • (2) Imprisonment: 0 to 0 minutes

Section 822 Failure to Obey Traffic Control DeviceINFRACTION#

  • (a) A person shall not fail to obey a traffic signal, sign, marking, or lawful traffic control device.
  • (b) Penalties:
    • (1) Fine: $250 to $1,000
    • (2) Imprisonment: 0 to 0 minutes

Section 823 Unsafe Lane Change or Failure to Maintain LaneINFRACTION#

  • (a) A person shall not change lanes or deviate from a lane when such movement is unsafe.
  • (b) Penalties:
    • (1) Fine: $250 to $1,000
    • (2) Imprisonment: 0 to 0 minutes

Section 824 Following Too CloselyINFRACTION#

  • (a) A person shall not follow another vehicle more closely than is reasonable and prudent for speed and conditions.
  • (b) Penalties:
    • (1) Fine: $250 to $1,000
    • (2) Imprisonment: 0 to 0 minutes

Section 825 Failure to Yield Right-of-WayINFRACTION#

  • (a) A person shall not fail to yield the right-of-way when required to do so to avoid a hazard or collision.
  • (b) Penalties:
    • (1) Fine: $250 to $1,250
    • (2) Imprisonment: 0 to 0 minutes

Section 826 Improper PassingINFRACTION#

  • (a) A person shall not pass another vehicle when such passing is unsafe or prohibited by roadway conditions or control devices.
  • (b) Penalties:
    • (1) Fine: $250 to $1,000
    • (2) Imprisonment: 0 to 0 minutes

Chapter 4: Negligent and Reckless Driving

Section 831 Negligent DrivingMISDEMEANOR#

  • (a) A person shall not operate a motor vehicle without due care so as to endanger persons or property.
  • (b) Penalties:
    • (1) Fine: $750 to $2,500
    • (2) Imprisonment: 0 to 6 minutes

Section 832 Reckless DrivingMISDEMEANOR#

  • (a) A person shall not operate a motor vehicle with willful or wanton disregard for the safety of persons or property.
  • (b) Penalties:
    • (1) Fine: $1,000 to $3,500
    • (2) Imprisonment: 2 to 10 minutes

Section 833 Exhibition of SpeedMISDEMEANOR#

  • (a) A person shall not engage in a speed contest, street race, or exhibition of speed on a public roadway.
  • (b) Penalties:
    • (1) Fine: $1,500 to $4,000
    • (2) Imprisonment: 2 to 10 minutes

Chapter 5: Driving Under the Influence

Section 841 Driving Under the InfluenceMISDEMEANOR#

  • (a) A person shall not operate a motor vehicle while under the influence of alcohol, drugs, or any intoxicating substance to a degree that impairs safe driving.
  • (b) Penalties:
    • (1) Fine: $2,000 to $5,000
    • (2) Imprisonment: 4 to 12 minutes

Section 842 Refusal of Lawful Chemical TestMISDEMEANOR#

  • (a) A person shall not refuse a lawful request by a peace officer for a chemical test when the officer has lawful grounds to investigate driving under the influence.
  • (b) Penalties:
    • (1) Fine: $1,500 to $4,500
    • (2) Imprisonment: 2 to 10 minutes

Chapter 6: Fleeing and Evading

Section 851 Failure to Comply With Lawful Order to StopMISDEMEANOR#

  • (a) A driver shall not fail to stop or otherwise comply with a peace officer’s lawful order or signal to stop.
  • (b) Penalties:
    • (1) Fine: $1,000 to $3,500
    • (2) Imprisonment: 2 to 10 minutes

Section 852 Evading a Peace OfficerFELONY#

  • (a) A driver shall not flee or attempt to elude a peace officer after being signaled to stop, when the manner of driving creates a substantial risk to persons or property.
  • (b) Penalties:
    • (1) Fine: $25,000 to $75,000
    • (2) Imprisonment: 20 to 45 minutes

Section 853 Evading Causing Collision or InjuryFELONY#

  • (a) A driver shall not evade a peace officer in a manner that results in a collision or injury to any person.
  • (b) Penalties:
    • (1) Fine: $50,000 to $125,000
    • (2) Imprisonment: 30 to 60 minutes

Chapter 7: Vehicle Impoundment and Seizure (Authority and Procedure)

Section 871 Vehicle Impoundment Authority#

  • (a) A peace officer may impound a vehicle when the officer has lawful grounds to arrest the driver for an offense under this Title and impoundment is reasonably necessary to protect public safety, preserve evidence, or prevent continued unlawful operation.
  • (b) A peace officer may impound a vehicle when the vehicle is obstructing traffic, creating a hazard, appears abandoned, or is otherwise unlawfully parked such that removal is reasonably necessary.
  • (c) The officer shall use reasonable discretion to permit lawful removal by a licensed driver when doing so does not compromise public safety or the investigation.
  • (d) When a vehicle is impounded under this section, the officer shall document the basis for necessity.

Section 872 Inventory and Property Safeguards#

  • (a) When a vehicle is impounded, a peace officer may conduct an inventory of the vehicle’s contents for safekeeping and documentation consistent with standardized department procedure.
  • (b) Property shall be handled in a manner reasonably calculated to prevent loss, theft, or damage.

Section 873 Release of Impounded Vehicle#

  • (a) A vehicle shall be released to the registered owner or lawful possessor when the basis for impoundment no longer applies, unless the vehicle is held as evidence or subject to forfeiture under other law.
  • (b) A peace officer or court may impose reasonable conditions for release to ensure lawful operation, including verification of a valid license and required insurance.
  • (c) Upon request by the registered owner or lawful possessor, the court shall provide a prompt post-impound review to determine whether continued impoundment is reasonably necessary and to order release when it is not.

Chapter 8: Enhancements

Section 880 Serious Bodily Injury EnhancementEnhancement#

  • (a) Applies to: All offenses under this Title.
  • (b) Triggered when: The offense results in serious bodily injury.
  • (c) Additional Penalties:
    • (1) Additional Fine: $10,000 to $25,000
    • (2) Additional Imprisonment: 10 to 25 minutes

Section 881 Vulnerable Victim EnhancementEnhancement#

  • (a) Applies to: All offenses under this Title.
  • (b) Triggered when: The victim is elderly, disabled, a minor, or a public official, and the victim’s status is relevant to the risk or harm.
  • (c) Additional Penalties:
    • (1) Additional Fine: $7,500 to $20,000
    • (2) Additional Imprisonment: 8 to 18 minutes

Section 882 Repeat Offender EnhancementEnhancement#

  • (a) Applies to: All offenses under this Title.
  • (b) Triggered when: The defendant has a prior conviction for an offense under this Title within 30 days.
  • (c) Additional Penalties:
    • (1) Second offense: Fine and imprisonment increased by 50%
    • (2) Third offense: Fine and imprisonment increased by 100%
    • (3) Fourth and subsequent: Fine and imprisonment increased by 200%

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