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- Alaska Statutes.
- Title 28. Motor Vehicles
- Chapter 35. Offenses and Accidents
- Section 410. Negligent Driving.
previous: Section 400
. Reckless Driving.
next: Chapter 37
. Driver License Compact
AS 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
- (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.
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