The Arizona Stupid Motorist Law

Don’t Pay to Get Stuck in the Mud

What is the Arizona Stupid Motorist Law and why should you care about it?

Imagine that it’s an August morning and you’re driving a city street in Tucson or Scottsdale or Cave Creek under a hot and sunny sky without a cloud in sight.

Along your route, you cross a wide dip in the road without a thought and keep on going.

By 4:00 pm., you’re heading back from your destination on the same street.

Only now, huge storm clouds loom over the horizon and it’s raining ahead of you.

You approach that same low dip in the road but now it’s filled with a few inches of water and looks like a mountain creek.

You’re driving a big SUV, so what do you do?

Don’t cross the road! You’ve just encountered a desert wash that has flash flooded.

The normally dry Santa Cruz River flooded during a large monsoon thunderstorm in August 2005

Every year, during Arizona’s summer monsoon thunderstorms, dozens of drivers attempt to cross flooded washes and roads.

They become stranded in the rushing waters and need to be rescued by emergency personnel at great cost to local governments.

This annual occurrence prompted the creation of Arizona traffic code Title 28-910, commonly referred to as the “Stupid Motorist Law.”

Enacted in 1995, the Arizona Stupid Motorist Law allows local governments to prosecute people who knowingly enter a public street or highway or a wash that is temporarily covered by water and/or is barricaded due to flooding.

Motorists can be held liable for the costs of any emergency response such as rescuing the driver and/or any passengers or removing the inoperable vehicle from a flooded public street or highway or a wash.

Violation of the Stupid Motorist Law can result in a bill of $2,000 maximum for each violation.

Examples of expenses that can be billed to the driver include the costs of providing police, firefighting and rescue and emergency medical services at the scene as well as the salaries of those who responded to the scene.

Who would move a barricade or drive around it into a flooded roadway or wash?

Surprisingly, more people than you’d think. Drivers often misjudge the amount of water in flooded areas and how fast it is moving.

Cars, trucks and even SUVs are no match for the power of water during a flash flood.

A vehicle can be swept away in as little as 6 inches of water. Most vehicles begin to float in only 2 feet of water.

In these instances, the vehicle usually ends up washed down the street, tumbled over like a rag doll and filled with mud and debris.

In the past, many municipalities have not cited drivers for their rescue under the Stupid Motorist Law.

However, this is beginning to change as the costs and frequency of rescues is on the rise.

Emergency and swift water rescue is very dangerous for both the stranded motorist and rescue personnel.

Madera Canyon Road was closed for a time when washes overflowed during a big summer monsoon thunderstorm

Water rescues frequently employ helicopters which hover directly over the stranded vehicles and airlift victims to safety one at a time.

Such maneuvers require painstaking precision and put all involved in danger.

The wet, slippery surfaces and threat of electrical shock make such rescues even more dangerous.

So, don’t put your life and the lives of others at risk.

Heed the Stupid Motorist Law and follow basic driving safety rules:

Flooded Wash Safety Tips

• Do not cross a flooded road or wash, even if there are no signs or barricades.


• Do not move or drive around barricades, even if there is no water in the wash at the time. Washes can become flooded from rain falling miles away.


• Heed all warning signs. Most Arizona washes have a “Do Not Enter When Flooded” sign.


• Call 911 if you or someone else is trapped in water. Don’t put off calling for help because you are afraid of getting a ticket under the Stupid Motorist Law.


• If possible, climb onto the roof of your vehicle and wait to be rescued.

For more Flash Flood Safety Tips, check out our Washes and Flash Floods page.

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This page is intended for informational purposes only. It is not a substitute for professional advice. This information is not meant to cover every possible scenario or outcome. Before you travel, do your homework. YOU are solely responsible for your personal safety. Road conditions, weather and your personal knowledge and abilities all vary considerably. We cannot assume responsibility for you or anyone else’s safety that reads and uses this information. Always inquire locally before traveling. Always be conservative when planning your trips and routes.

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