Phoenix Hit and Run & Leaving the Scene of an Accident Defense Lawyer

Hit and Run and Leaving the Scene of an Accident Charges in Phoenix

In Phoenix, hit and run charges, legally referred to as leaving the scene of an accident, vary depending on the circumstances of the crash. Accidents involving only property damage are typically charged as misdemeanors, while accidents resulting in injury or death can lead to serious felony charges. Convictions may carry jail or prison time, fines, license suspension, and long-term consequences. Feldman Royle Ahl represents individuals facing hit-and-run charges and works to protect their rights and pursue the best possible outcome. If you are charged with hit-and-run charges in Phoenix, Arizona, call us at (602)899-8000 or request your free case evaluation: 100% confidential and no obligation.

Your legal duties after an accident in Arizona: A.R.S. § 28-663

Arizona law imposes a set of duties on every driver involved in an accident, regardless of fault. Most of those duties are consolidated in A.R.S. § 28-663 (Duty to Give Information and Assistance), which applies to any accident, on public or private property, that results in injury, death, or damage to a vehicle that is driven or attended by a person.¹

Under § 28-663(A), you must:

1. Give your name, address, and the registration number of the vehicle you are driving to the other driver, any occupants of the vehicle you collided with, or the person you struck.
2. On request, show your driver’s license to that person. You are not required to volunteer it, only to produce it if asked.
3. Render reasonable assistance to anyone injured in the accident, including arranging transportation to a physician, surgeon, or hospital if treatment is apparent or requested by the injured person.

These duties are separate from, and layered on top of, the underlying obligation to stop at the scene, which is imposed by companion statutes: § 28-661 (accidents involving injury or death) and § 28-662 (accidents involving damage to a driven or attended vehicle).² Different rules apply where the accident involves only an unattended vehicle (§ 28-664) or damage to fixtures or other property such as a fence, pole, or mailbox (§ 28-665). Those statutes carry their own information and notice requirements and are addressed separately.

Failure to meet the § 28-663 duties carries meaningfully different consequences depending on which duty is breached, and applies even if you were not at fault for the accident:

• Failing to provide information or show your license when asked is a class 1 misdemeanor under § 28-663(C).³
• Failing to render reasonable assistance to an injured person is a class 6 felony under § 28-663(D).³

The specific charge for leaving the scene itself is determined by what was struck and whether anyone was injured, as described in the sections below.

Citations

1. Ariz. Rev. Stat. § 28-663(A). azleg.gov/ars/28/00663.htm
2. Ariz. Rev. Stat. §§ 28-661, 28-662. azleg.gov/ars/28/00661.htm, azleg.gov/ars/28/00662.htm
3. Ariz. Rev. Stat. § 28-663(C) and (D). Same source as citation 1.

Hit And Run Accident – Non-injury Related

The least severe of the two types of hit and run cases are those that involve an accident but where no one sustained injuries as a result of the accident. This is not to say that a non-injury related offense can’t have serious consequences, but rather that the consequences of this type of crime are normally less severe than when an injury or death occurs. Hit and run Arizona law separates non-injury-related accidents into three separate categories:

• Attended Vehicle – if you hit a car that someone else is driving;
• Unattended Vehicle – if you hit a parked car;
• Property Damage Only – if you hit a fence, a mailbox or some other personal property.

Hit and Run Penalty – No Injury – Attended Vehicle (ARS 28 662)

Penalty for hit and run with no injuries means that if you are in an accident with a vehicle driven or attended by another person, and the accident involves no injuries, the law requires that you must:
1. Stop either immediately or as close to the accident as possible; and
2. Remain at the scene until you have:

• Provided the other person with your name, address, and car registration information; and
• If requested, show your driver’s license to that person.

Hit and Run Penalty – Attended Vehicle

A violation of leaving the scene pursuant to ARS 28 662, is a class 1 misdemeanor. The attended vehicle hit and run penalty may include:

• From 0 days to 4 months in jail;
• Up to a $2,500 fine; and
• The court may order MVD to suspend your license for one year.

Arizona Hit and Run – Parked Car – Unattended Vehicle (ARS 28 664)

If you hit a car and no one is in the other vehicle, and the owner or operator does not appear to be in the area, there are still things you are legally required to do.

1. Find the operator or the owner of the car and provide them with the name and address of the driver and owner of your car; or
2. Leave that information in writing in a conspicuous place on the vehicle that was struck.

Hit and Run Penalty – Unattended Vehicle

Pursuant to ARS 28- 664, leaving the scene of an accident with an attended vehicle but with no injuries is a class 3 misdemeanor. The hit and run penalty may include:

• From 0 to 30 days in jail;
• Up to a $500 fine;
• The court may order MVD to suspend your license for one year.

Property Damage Only (ARS 28 665)

If you are in an accident resulting in only damage to property, such as hitting a fence or mailbox, ARS 28 665 requires that you must:

1. Take reasonable steps to locate the owner of the property; and
2. Let them know about the accident; and
3. Give them your name and address; and
4. Provide them with your vehicle registration; and
5. If requested, show your driver’s license to that person.

Hit and Run Penalty – Property Damage Only

A violation of leaving the scene pursuant to ARS 28 665 in which only damage to personal property has occurred is a class 3 misdemeanor. The hit and run penalty may include:

• From 0 to 30 days in jail;
• Up to a $500 fine.

Leaving the Scene of an Accident Involving Injury or Death in Arizona

When an injury or death is involved in a hit-and-run accident, the stakes are understandably much higher. Law enforcement tends to investigate these types of leaving the scene of an accident cases more seriously than when the violation only involves damage to property. Hit and run, Arizona law separates injury-related accidents into two separate categories:

• Minor Injury; and
• Serious Injury or Death.

Minor Injury (ARS 28 661)

If the accident results in a minor physical injury, then in addition to the requirements of stopping and providing information to the other driver, you must render reasonable assistance to the injured person. This may include arranging for that person to be transported to a doctor or a medical facility for treatment.

Hit and Run Penalty – Minor Injury

A violation of leaving the scene of an accident pursuant to ARS 28 661 is a class 5 felony. The hit and run penalty may include:

• Probation; or
• Between .5 and 2.5 years in prison;
• 3-year license revocation.

Serious Injury or Death (ARS 28 661)

Where the accident has caused a serious physical injury or the death of someone involved, you must immediately stop at the scene of the accident and

1. Provide the driver’s name, address, and registration for the vehicle; and
2. If asked, provide a driver’s license.

Hit and Run Penalty – At-Fault Death or Serious Injury

A violation of leaving the scene pursuant to ARS 28 661 in which you are found to be at fault for the accident is a is a class 2 felony. The hit and run penalty may include:

• Probation; or
• Between 3 and 12.5 years in prison;
• Revocation of your license for 10 years if the accident involves a death and 5 years if the accident involves a serious injury.

Hit and Run Penalty – Not-At-Fault Death or Serious Injury

A violation of leaving the scene pursuant to ARS 28 661 in which you are found not to be at fault for the accident is a class 3 felony. The hit and run penalty may include:

• Probation; or
• Between 2 and 8.75 years in prison;
• Revocation of your license for 10 years if the accident involves a death and 5 years if the accident involves a serious injury.

Hit And Run – Do’s And Don’ts

When it comes to hit and run, the things you do immediately after the accident can help you avoid being charged and better your chances of a positive outcome, if you are charged. Swift decision making and thoughtful consideration of representation is imperative.

What to do in a Hit and Run Accident in Arizona?

In order to know what to do in a hit and run accident you should first know what police do in a hit and run.  Generally speaking, police will attempt to locate you collecting witness statements, reviewing nearby security footage and by patrolling the area around the accident for a broken down car or evidence of an accident. More often than not, police will respond to the address associated with the registration of the vehicle involved in the accident. If, however, a suspect gives the other driver partial information before leaving the scene or a witness happens to know the identity of the suspect, police will often use motor vehicle records to locate a last known address.

The bottom line is that police will be looking for you and will be requesting that you speak to them about the incident. As such, you MUST contact a knowledgeable hit and run lawyer prior to speaking to police. Most criminal defense attorneys, including the lawyers at Feldman Royle Ahl, provide a free consultation to help you understand your rights. For helpful tips on hiring a lawyer, click here.

How to Get Out of a Hit and Run Charge?

The fact that an officer or other witness says you did not stop immediately, or you did not take all the steps required after an accident, does not necessarily mean that you will be convicted. The following examples will demonstrate how you may be able to challenge this type of evidence:

• Example 1.You fail to stop immediately at the scene, because there is no safe place to stop your car. The law provides that if you stop as close as possible to the accident and return to the scene, you have satisfied that portion of the law.
• Example 2.You stopped at the scene, you and the other driver exchanged information, and then you left. After you departed, the other driver began feeling dizzy, eventually passed out, and had to be transported to the hospital. You are charged with a felony for failing to render assistance to the injured person. Since you had no knowledge of the injury, and you had no information that would lead a reasonable person to conclude there had been an injury, you are not guilty of the offense.
• Example 3.You continue to drive away because you are unaware that the accident you were involved in resulted in any damage. Many times, it is unclear if damage resulted or if damage was preexisting. As such, you would not be obligated to remain at the scene or exchange information.

These are just a couple of examples of possible defenses. Because this is a serious charge, it pays to have the right lawyer on your side.

Hit And Run Attorney Phoenix, Arizona

A charge of leaving the scene of an accident could be a felony and you could be looking at serious jail time. Even a misdemeanor violation could in some cases lead to jail time, the loss of your driver’s license, increased insurance premiums and employment consequences. Our lawyers also help you understand the seriousness of the charges.

The classification and seriousness of the charge depends on different facts. For example:

• What did the driver hit? Was it another car with people in it? An empty parked car? A pedestrian or bicyclist? A light pole or street sign?
• What kind of damage was done? Property damage only? Was someone injured in the accident? Did anyone die from the accident?
• Was the driver who left the scene the one who caused the accident?

What the prosecution must prove, penalties, and defenses are both general rules and case-specific.

The possible penalties for leaving the scene of an accident conviction make it essential that you get legal help. Each of our criminal law lawyers at Feldman Royle Ahl is an experienced hit and run attorney in Arizona and can defend your rights. Call us for a free consultation.

Hit and run cases in Arizona move fast — and so does the investigation. Police are collecting witness statements, reviewing surveillance footage, and identifying vehicles within hours of the accident. The window between the incident and the point where evidence is locked in place is narrow. At Feldman Royle Ahl, we treat every hit and run case as urgent from the moment a client calls.

We preserve evidence before the prosecution does.

Surveillance footage from businesses, traffic cameras, and residential systems is overwritten within days. Cell phone tower records, witness contact information, and physical evidence from the scene all have short preservation windows. We send immediate legal holds to businesses, city agencies, and telecommunications carriers to secure evidence that can either support your defense or challenge the prosecution’s version of events.

We know how these investigations are built.

Law enforcement locates hit and run suspects through vehicle registration, automated plate readers, witness tips, and social media. Our attorneys understand the investigative process from every angle — which means we know where the evidence gaps are, where identifications can be challenged, and where the prosecution’s case is vulnerable before it ever reaches the courtroom.

We address the full charge picture.

Hit and run rarely comes alone. When the underlying accident involved injuries, prosecutors routinely add DUI charges, reckless driving, or vehicular homicide to the charging document. Handling each charge in isolation leads to worse outcomes. We build a coordinated defense strategy that addresses the hit and run charge and every charge that accompanies it — in a single, unified approach.

We intervene before charges are filed.

If police have knocked on your door, left a business card, or contacted you by phone, you are already a target. Many of our clients come to us before formal charges are filed — and that early intervention is often where we can have the most impact. Presenting your account to investigators through an attorney, challenging the initial identification of your vehicle, or demonstrating that you complied with your § 28-663 duties before the prosecution commits to a filing decision can change the trajectory of an entire case.

We have handled hit and run at every level.

From Class 3 misdemeanor parking lot incidents to Class 2 felony charges involving death, Feldman Royle Ahl has defended clients across the full range of hit and run severity in Maricopa County. We know which arguments work at what stage and how to position your defense for the best possible outcome — whether that means a dismissal, a reduction in charges, or a verdict at trial.

Contact Feldman Royle Ahl at (602) 899-8000 for a free and confidential consultation. We are available to speak with you today.