Alaska Traffic Violations

Understanding traffic laws and violations in Alaska is essential for all drivers to ensure roadways' safety and smooth operation. Traffic regulations are designed to protect motorists, pedestrians, and property, and knowing these laws can help drivers avoid infractions and the associated penalties.

In Alaska, the Division of Motor Vehicles (DMV), the Department of Public Safety (DPS), and various law enforcement agencies regulate and enforce traffic laws. The Alaska Court System (ACS) adjudicates any violation of these laws.

Traffic violations can have significant consequences for drivers. Infractions can lead to fines, points on their driving record, and potential increases in insurance premiums. Accumulating too many points can result in the suspension or revocation of driving privileges.

Furthermore, the state's unique driving conditions, including icy roads, wildlife crossings, and remote areas, require drivers to be vigilant and adhere strictly to traffic laws. Hence, responsible driving is crucial in maintaining road safety and reducing accidents in Alaska.

What Are the Major Traffic Violations in Alaska?

Understanding major traffic violations in Alaska is crucial for drivers to maintain their driving privileges and ensure road safety. Below are some of the most significant violations and their implications.

Suspended License Violations

As per Alaska Statute Section 28.15.291, driving with a suspended license is a serious offense in Alaska. A license can be suspended for various reasons, including the following, according to AK Statute Section 28.15.181:

• Accumulating too many points on a driving record
• Driving under the influence (DUI)
• Driving without insurance
• Failing to pay fines
• Reckless driving
• Driving the vehicle to avoid arrest
• Driving a stolen vehicle
• Leaving the scene of an accident
• Vehicular homicide
• Refusing an authorized chemical test
• Failing to pay for child support

Driving with a suspended license can result in penalties, specifically:

• Fines: up to $500 for first offense and $1000 or more for repeat offenses
• Jail time: up to 90 days in jail for first offense and one year or more for repeat offenses
• Suspension: up to 90 days for first offense and extended suspension periods for repeat offenses

If the suspension grounds are due to driving without insurance, the driver may also have to obtain an SR-22 insurance certificate as per AK Statute Section 28.20.230. This certificate will prove that the driver complies with the minimum liability coverage required.

There is also an online Certificate of Insurance that drivers can fill out on the official Alaska DMV website. Furthermore, as per AK Statute Section 28.20.410, the driver may use their insurance provider's written certificate of motor vehicle liability policy.

If the driver repeats the same suspension offenses, their vehicle may be impounded.

Speeding Violations

Speeding is one of the most common traffic violations. Driving beyond these limits violates the speed laws in Alaska, which are the following:

Absolute Speed Limits

As per Alaska Administrative Code (AAC), Title 13, Section 02.275, there are set maximum speed limits for different roads:

• Alley: 15 mph
• Business district: 20 mph
• Residential district: 25 mph
• Any other road: 55 mph

Since these speed limits are absolute, if a driver exceeds them, they are violating the law.

Presumed Speed Limits

This type allows for some flexibility as it considers the situation for speeding. For example, driving at 60 mph in a 55 mph zone might be considered safe under certain conditions. However, if law enforcement believes the speed is unsafe for current conditions, drivers can still be ticketed.

Basic Speed Law

This law requires drivers to operate their vehicles at a safe speed for the current conditions, regardless of the posted speed limit.

Penalties

Violating these laws can lead to penalties that include the following:

• Fines based on the severity of the violation and the conditions at the time
• Points on driving records where accumulating 12 points in a year or 18 points in 2 years may result in suspension of the driver's license
• Increased insurance premiums due to violations

Reckless Driving

Reckless driving causes willful disregard for the safety of persons or property. It includes excessive speeding, aggressive weaving through traffic, and other forms of dangerous driving.

Reckless driving greatly increases the risk of serious accidents, endangering the driver and other road users. Hence, as per AK Statute Section 28.35.400, anyone convicted of reckless driving may face the following penalties:

• A fine of up to $1000
• Imprisonment of up to one year

Negligent Driving

Unlike reckless driving, negligent driving doesn't require a willful disregard for safety but a lack of due care and attention. It can lead to accidents resulting from inattention, such as failing to notice road hazards or other vehicles, thus posing a significant safety risk.

According to AK Statute Section 28.35.410, a conviction for negligent driving is a lesser offense than reckless driving. So, a driver initially charged with reckless driving can be convicted of negligent driving instead.

Racing

As per AAC, Title 13, Section 02.330, no one can participate in highway vehicle races. Participating in any of these races is a violation of the law.

Violators can face substantial fines. The exact amount can vary based on the circumstances of the offense and the judge's discretion. Drivers convicted of racing may also face suspension or revocation of their driver's license. The length of suspension can vary, with the possibility of a longer suspension for repeat offenders.

Since racing on highways is considered a misdemeanor offense, the driver may face jail time from several days to months, depending on severity.

Other Moving Violations

Running red lights or stop signs is also considered a moving violation in Alaska. That is because it significantly increases the risk of collisions, particularly T-bone accidents, which can cause severe injuries.

Improper lane changes are another violation, as they can lead to sideswipe accidents or collisions with vehicles in adjacent lanes, posing a significant safety risk.

Additionally, tailgating drivers violates the AK traffic laws. Tailgating usually involves following another vehicle too closely not allowing sufficient time and distance to react if the lead vehicle stops suddenly. It increases the likelihood of rear-end collisions, among the most common types of accidents.

Driving Under the Influence (DUI)

Driving under the influence (DUI) is one of the most severe traffic violations in Alaska. As per Section 28.35.030 of the Alaska Statutes, drivers operating vehicles with blood alcohol concentration (BAC) limits exceeding the following may be committing DUI:

• Over 0.08% BAC for drivers over 21
• Over 0.04% BAC for commercial drivers
• Over 0.00% BAC for drivers under 21

Penalties for DUI offenses can include the following, with repeat offenses carrying harsher penalties:

• A minimum fine of $1,500
• A minimum of 72 hours in jail
• A minimum of 90 days suspension of driver's license
• Installation of an ignition interlock device (IID) for a minimum of six months after license reinstatement
• Mandatory participation in an alcohol education or treatment program
• Possible forfeiture of the vehicle used during the offense

DUI convictions may also result in higher insurance premiums and a criminal record, impacting employment opportunities and other aspects of the driver's life.

Implied Consent Law

By driving in Alaska, drivers automatically consent to chemical testing if suspected of DUI. Refusal to submit to testing can result in license suspension and other penalties as per Section 28.35.032 of the Alaska Statutes.

How Does Alaska's DMV Point System Work?

Understanding Alaska's DMV point system is essential for drivers to maintain a clean driving record and avoid severe penalties. Here's an overview of how the system works:

Point Allocation for Different Violations

Alaska's DMV assigns points to driving records for various traffic violations:

• Speeding 3-9 mph over the limit: 2 points
• Speeding 10-19 mph over the limit: 4 points
• Speeding 20+ mph over the limit: 6 points
• Speeding in a school zone or playground: 6 points
• Reckless Driving: 10 points
• Negligent Driving: 6 points
• Running a Red Light or Stop Sign: 4 points
• Improper Lane Change: 2 points
• Tailgating (Following too closely): 4 points
• DUI/DWI: 10 points
• Driving with a Suspended License: 10 points
• Failure to Yield: 4 points
• Driving with No Proof of Insurance: 6 points

For a full list of offenses and their equivalent points, drivers can check the "Vehicle and Traffic Offense Booklet" from the official ACS website. They can also check the "Driver's License Point Assignment" table on the official Alaska DMV website.

Consequences of Accumulating Points

Accumulating points on a driving record can lead to serious consequences, including:

• Warning Notice: At 6 points within 12 months or 9 points within 24 months, drivers may receive a warning notice from the DMV.
• Mandatory Suspension:
• 12 points within 12 months
• 18 points within 24 months
• Increased Insurance Premiums: Higher points often lead to higher auto insurance rates.
• Driver Improvement Programs: Drivers may be required to attend a driver improvement course.

Repeated traffic violations can result in more points and being labeled a habitual offender. This label could lead to longer license suspensions and more severe penalties. The driver may also have to attend a personal interview with a Motor Vehicle Hearing officer. Moreover, the DMV may require attendance at a driver improvement program for repeat offenders.

How Long Points Stay on Driving Records

Points from traffic violations stay on Alaska driving records for at least 12 months from the violation date. However, the violations may remain on the record for a few years and can be accessed by law enforcement, courts, and insurance companies.

If drivers want to check their driving records, they can use the Alaska DMV's online "Driving Record Request" portal with a $10 fee. They can also make requests in person at any DMV office by filling out the Request for Driving Record (Form 419F) and paying the same fee as online. Additionally, they can email the request to doa.dmv.research@alaska.gov.

Ways to Reduce Points

There are a few methods to reduce the number of points on driving records in Alaska. One way is to complete a state-approved defensive driving course. Completing the course can remove 2 points from a record. Drivers can take such courses once every 12 months for point reduction.

Another way is to maintain a clean driving record. Avoiding further violations for a significant period can help keep point totals low and prevent additional points from accumulating.

What Is the Process for Handling Traffic Tickets in Alaska?

When drivers receive a traffic ticket in Alaska, they have several options for responding:

Pay the Ticket

Paying the fine is an admission of guilt or no contest. It results in points added to the driving record. Drivers can usually pay online, by mail, or in person at the court listed on the ticket.

Contest the Ticket

Drivers have the right to contest the ticket by pleading not guilty. It involves requesting a court hearing to challenge the citation. If drivers admit to the violation but want to explain the circumstances, they can request a mitigation hearing to potentially reduce the fine.

If drivers decide to contest the ticket, they'll need to follow these steps:

• Notify the court of the intent to contest the ticket by the date specified on the citation.
• Collect any evidence, such as photographs, witness statements, or documents, that support the case. Note: Drivers may hire an attorney to help present their case.
• Show up at the scheduled date and time for the hearing.
• Present evidence and arguments to the judge. Note: Drivers may have the opportunity to cross-examine the officer who issued the ticket.

Drivers must understand that contesting a traffic ticket can lead to several outcomes:

• Dismissal: The judge may dismiss the ticket if the driver successfully proves their case.
• Reduction of Charges: The judge may reduce the charges or fine based on the evidence and circumstances.
• Conviction: If the judge finds the driver guilty, they will be required to pay the fine, and points will be added to their driving record.

Drivers must also understand that ignoring a traffic ticket can lead to additional penalties, including a warrant for arrest or suspension of the driver's license. If the driver decides to contest a ticket, it may also prevent an increase in their insurance premiums due to traffic violations.

Online Systems for Ticket Management

Alaska provides online systems for managing traffic tickets. The Alaska Court System's CourtView portal allows drivers to review case information, pay fines, and request hearings. There is also a dedicated Search for an Appellate Case portal for cases with appeals.

Some municipalities may also have online payment and management systems for traffic tickets. For example, the Anchorage Police Department has a dedicated online portal for paying municipal traffic tickets and other court fees.

How Are Accident Reports Handled in Alaska?

Accident reports are a crucial part of documenting traffic incidents in Alaska. They provide essential details for insurance claims, legal proceedings, and law enforcement records.

When and How to File an Accident Report

Drivers must file an accident report if the accident results in injury, death, or property damage exceeding $2,000. The report must be filed within ten days of the accident. If proof of insurance is needed, it must be submitted within 15 days of the crash.

Failure to file an accident report when required can result in penalties, including fines and possible suspension of the driver's license.

Drivers must exchange information, such as the following, with the other driver(s) involved:

• Names
• Addresses
• Driver's license numbers
• Vehicle registration
• Insurance information

If law enforcement responds to the scene, they will file an official accident report. If law enforcement does not respond, drivers must complete the online Alaska Motor Vehicle Crash Form 12-209 and submit it to the Alaska DMV. There may also be a printed copy of the report form at a DMV office.

If proof of insurance is required, drivers can file online through the DMV's online Certificate of Insurance portal.

When filing an accident report, drivers should include the following information:

• Date, time, and location of the accident
• Names, addresses, driver's license numbers, and contact information of all drivers involved
• Make, model, year, and license plate numbers of all vehicles involved
• Insurance company names and policy numbers for all drivers
• A detailed account of how the accident happened, including road conditions, weather, and any contributing factors
• Names and contact information of any witnesses
• Details of any injuries and the extent of property damage

If the driver doesn't know how to document the crash details, they can download the WreckCheck App. This app is available on both iPhone and Android. They can also get the printed checklist version.

Obtaining Accident Reports

If law enforcement files the report, individuals can request a copy from the police department or state troopers who responded to the accident. Accident reports are also available through the DMV. Requesters may need to submit the Request for Crash Report Form (Form 440) and pay a fee. Drivers can submit the form by email to doa.dmv.research@alaska.gov or by mail to:

Some jurisdictions may offer online access to accident reports. Drivers should check the website of the relevant law enforcement agency or the DMV for availability.

How Accident Reports Affect Insurance and Legal Matters

Accident reports provide crucial evidence for insurance claims, detailing the circumstances of the accident and the parties involved. Insurers use the information in the report to determine fault and liability, which impacts claims and potential payouts.

Accident reports serve as an official record in legal proceedings, providing factual details that can support or refute claims. In cases of serious injury or dispute, accident reports are essential documents in litigation, helping to establish the facts and circumstances of the accident.

What Should Drivers Know about Traffic-Related Arrests in Alaska?

Traffic-related arrests in Alaska occur for various reasons, including moving violations such as DUI, reckless driving, and driving with a suspended license. Law enforcement officers initiate traffic stops based on observed violations or suspicious behavior.

During these stops, officers may conduct field sobriety tests, request breathalyzer tests, or gather evidence to support an arrest if they suspect a violation or impairment. If probable cause is determined, the officer can handcuff the driver and transport them to a police station or detention facility.

During an arrest, drivers have the right to:

• Refuse to answer questions
• Consult an attorney
• Be informed by law officers about the nature of their charges

Drivers must understand that traffic-related arrests can lead to several consequences, including:

• Criminal charges
• Fines
• Probation
• Suspension or revocation of license
• Participation in DUI education or treatment programs
• Jail time

Additionally, arrests can have emotional and personal consequences, potentially damaging relationships and reputations. A traffic-related arrest may also negatively impact certain professions, such as commercial drivers or those requiring security clearances.

It is highly recommended that arrested individuals seek assistance from an experienced criminal defense attorney specializing in traffic-related offenses. These professionals can guide arrestees through the legal process and explain potential defenses during hearings.