Law Enforcement Reporting of Traffic Collisions.
A law enforcement officer present at the scene of a traffic collision or in possession of facts concerning a traffic collision is required to make a report of the collision. A law enforcement officer must report to the Department of Licensing (DOL), on a form prescribed by the DOL, the identity of the operator of a vehicle involved in a collision when the collision results in a fatality and the officer has reasonable grounds to believe the operator of the vehicle caused the collision.
A law enforcement officer must also report to the DOL, on a form prescribed by the DOL, the identity of the operator of a vehicle involved in a collision when the collision results in a serious injury and the officer has reasonable grounds to believe that the operator who caused the serious injury may not be competent to operate a motor vehicle.
Driver Reexamination.
The DOL must require a driver reported by a law enforcement officer following a traffic collision to submit to a driver examination. The driver examination must be completed within 120 days after the DOL receives the law enforcement officer's report, unless the DOL grants an operator-requested extension. The DOL may also require a person reported to obtain documentation of his or her condition signed by a licensed physician or other authority designated by the DOL. The DOL may suspend or revoke the driver's license of a person who does not complete the required driver examination.
Vehicular Assault.
In 2001 the elements that must be met for a person to be guilty of vehicular assault were broadened. Prior to 2001 a person was guilty of vehicular assault if he or she operated or drove a vehicle:
"Serious bodily injury" was defined as bodily injury that involves a substantial risk of death, serious permanent disfigurement, or protracted loss or impairment of the function of any part or organ of the body.
In 2001 legislation modified the above elements that had to be met to be guilty of vehicular assault by substituting the requirement that the conduct be the proximate cause of "serious bodily injury" to another person with the requirement that the operation of the vehicle cause "substantial bodily harm" to another person. A person is also guilty of vehicular assault if he or she operates or drives a vehicle with disregard for the safety of others and causes "substantial bodily harm" to another person.
"Substantial bodily harm" is defined as bodily injury that involves a temporary but substantial disfigurement, or which causes a temporary but substantial loss or impairment of the function of any bodily part or organ, or which causes a fracture of any bodily part.
A law enforcement officer must report to the DOL the identity of the operator of a vehicle involved in a collision when the collision results in "substantial bodily harm" and the officer has reasonable grounds to believe that the operator who caused the substantial bodily harm may not be competent to operate a motor vehicle, broadening when a driver is reported to the DOL and must take a driver examination.
"Substantial bodily harm" is defined using the same definition that applies to the use of the phrase in the current elements of vehicular assault.