42-2-127. Authority to suspend license - to deny license - type of conviction - points

42-2-127. Authority to suspend license - to deny license - type of conviction - points. (1) (a) Except as provided in paragraph (b) of subsection (8) of this section, the department has the authority to suspend the license of any driver who, in accordance with the schedule of points set forth in this section, has been convicted of traffic violations resulting in the accumulation of twelve points or more within any twelve consecutive months or eighteen points or more within any twenty-four consecutive months, or, in the case of a minor driver eighteen years of age or older, who has accumulated nine points or more within any twelve consecutive months, or twelve points or more within any twenty-four consecutive months, or fourteen points or more for violations occurring after reaching the age of eighteen years, or, in the case of a minor driver under the age of eighteen years, who has accumulated more than five points within any twelve consecutive months or more than six points for violations occurring prior to reaching the age of eighteen years; except that the accumulation of points causing the subjection to suspension of the license of a chauffeur who, in the course of employment, has as a principal duty the operation of a motor vehicle shall be sixteen points in one year, twenty-four points in two years, or twenty-eight points in four years, if all the points are accumulated while said chauffeur is in the course of employment. Any provision of this section to the contrary notwithstanding, the license of a chauffeur who is convicted of DUI, DUI per se, DWAI, UDD, or leaving the scene of an accident shall be suspended in the same manner as if the offense occurred outside the course of employment. Whenever a minor driver under the age of eighteen years receives a summons for a traffic violation, the minor's parent or legal guardian or, if the minor is without parents or guardian, the person who signed the minor driver's application for a license shall immediately be notified by the court from which the summons was issued. (b) If any applicant for a license to operate a motor vehicle has illegally operated a motor vehicle in this state prior to the issuance of a valid driver's or minor driver's license or instruction permit or in violation of the terms of any instruction permit within thirty-six months prior to said application, the department has the authority to deny the issuance of said license for not more than twelve months. (c) For the purpose of this section, any points accumulated by a minor under an instruction permit shall apply to the minor driver's license subsequently issued to or applied for by such minor. (d) No suspension or denial shall be made until a hearing has been held or the driver has failed to appear for a hearing scheduled in accordance with this section. This section shall not be construed to prevent the issuance of a restricted license pursuant to section 42-2-116. (2) (a) The time periods provided in subsection (1) of this section for the accumulation of points shall be based on the date of violation, but points shall not be assessed until after conviction for any such traffic violation. (b) The accumulation of points within the time periods provided in subsection (1) of this section shall not be affected by the issuance or renewal of any driver's or minor driver's license issued under the provisions of this article or the anniversary date thereof. (3) Nothing in subsections (1) and (2) of this section shall affect or prevent any proceedings to suspend any license under the provisions of law existing prior to July 1, 1974. (4) Statutory provisions for cancellation and mandatory revocation of drivers' licenses shall take precedence over this section. (5) Point system schedule: Type of conviction Points (a) Leaving scene of accident 12 (b) (I) DUI or DUI per se 12 (II) Repealed. (III) DWAI 8 (IV) UDD 4 or prevent any proceedings to suspend any license under the provisions of law existing prior to July 1, 1974. (4) Statutory provisions for cancellation and mandatory revocation of drivers' licenses shall take precedence over this section. (5) Point system schedule: Type of conviction Points (a) Leaving scene of accident 12 (b) (I) DUI or DUI per se 12 (II) Repealed. (III) DWAI 8 (IV) UDD 4 (c) (I) Engaging in a speed contest in violation of section 42-4-1105 (1) 12 (II) Aiding or facilitating engaging in a speed contest in violation of section 42-4-1105 (3) 12 (III) Engaging in a speed exhibition in violation of section 42-4-1105 (2) 5 (IV) Aiding or facilitating engaging in a speed exhibition in violation of section 42-4-1105 (3) 5 (d) Reckless driving 8 (e) Careless driving 4 (e.5) Careless driving resulting in death 12 (e.7) Serious bodily injury to a vulnerable road user 12 (f) Speeding: (I) One to four miles per hour over the reasonable and prudent speed or one to four miles per hour over the maximum lawful speed limit of seventy-five miles per hour 0 (II) Five to nine miles per hour over the reasonable and prudent speed or five to nine miles per hour over the maximum lawful speed limit of seventy-five miles per hour 1 (III) Ten to nineteen miles per hour over the reasonable and prudent speed or ten to nineteen miles per hour over the maximum lawful speed limit of seventy-five miles per hour 4 (IV) Twenty to thirty-nine miles per hour over the reasonable and prudent speed or twenty to thirty-nine miles per hour over the maximum lawful speed limit of seventy-five miles per hour 6 (IV.5) Forty or more miles per hour over the reasonable and prudent speed or forty or more miles per hour over the maximum lawful speed limit of seventy-five miles per hour 12 (V) Failure to reduce speed below an otherwise lawful speed when a special hazard exists 3 (VI) One to four miles per hour over the maximum lawful speed limit of forty miles per hour driving a low-power scooter 0 (VII) Five to nine miles per hour over the maximum lawful speed limit of forty miles per hour driving a low-power scooter 2 (VIII) Greater than nine miles per hour over the maximum lawful speed limit of forty miles per hour driving a low-power scooter 4 (g) Failure to stop for school signals 6 (h) Driving on wrong side of road or driving on wrong side of divided or controlled-access highway in violation of section 42-4-1010 4 (i) Improper passing 4 (j) Failure to stop for school bus 6 (k) Following too closely 4 (l) Failure to observe traffic sign or signal, except as provided in paragraph (ff) of this subsection (5) 4 (m) Failure to yield to emergency vehicle 4 (n) Failure to yield right-of-way, except as provided in subsections (5)(y) to (5)(bb.5) of this section 3 (o) Improper turn 3 (p) Driving in wrong lane or direction on one-way street 3 (q) Driving through safety zone 3 (r) Conviction of violations not listed in this subsection (5) while driving a moving vehicle, which are violations of a state law or municipal ordinance other than violations classified as class B traffic infractions under section 42-4-1701 or having an equivalent classification under any municipal ordinance 3 (s) Failure to signal or improper signal 2 (t) Improper backing 2 (u) Failure to dim or turn on lights 2 (v) (I) Except as provided in subparagraph (II) of this paragraph (v), operating an unsafe vehicle 2 (II) Operating a vehicle with defective head lamps 1 (w) Eluding or attempting to elude a police officer 12 (x) Alteration of suspension system 3 (y) Failure to yield right-of-way to pedestrian 4 ure to signal or improper signal 2 (t) Improper backing 2 (u) Failure to dim or turn on lights 2 (v) (I) Except as provided in subparagraph (II) of this paragraph (v), operating an unsafe vehicle 2 (II) Operating a vehicle with defective head lamps 1 (w) Eluding or attempting to elude a police officer 12 (x) Alteration of suspension system 3 (y) Failure to yield right-of-way to pedestrian 4 (z) Failure to yield right-of-way to pedestrian at walk signal 4 (aa) Failure to yield right-of-way to pedestrian upon emerging from alley, driveway, or building in a commercial or residential area 4 (bb) Failure to yield right-of-way to person with a disability pursuant to section 42-4-808 6 (bb.5) Failure to yield right-of-way to a bicyclist or other authorized user in a bicycle lane that is the proximate cause of a bodily injury . 4 (cc) Failure to exercise due care for pedestrian pursuant to section 42-4-807 4 (dd) A second or subsequent violation of section 42-2-101 (1) and (4) 6 (ee) Failure to maintain or show proof of insurance pursuant to section 42-4-1409 4 (ff) Failure to observe high occupancy vehicle lane restrictions pursuant to section 42-4-1012 0 (gg) (Deleted by amendment, L. 2005, p. 334, § 2, effective July 1, 2005.) (hh) Driving a motor vehicle while not wearing a seat belt in violation of section 42-2-105.5 (3) 2 (ii) Driving with more passengers than seat belts in violation of section