Quick Navigation:
- Hit and Run – Leaving the Scene of an Accident
- Common Reasons to Leave the Scene of an Accident
- Penalties for Leaving the Scene of an Accident?
- Property Damage in a Hit and Run?
- Accidental Damage to a Parked Car
- A Single Car Accident that Only Causes Vehicle Damage
- A Car Accident that Only Causes Minor Injuries
- Serious Injury or Death as a Result of an Accident
- What if I Wasn’t At Fault for the Accident?
- What To Do If You Leave an Accident Scene?
- Defenses for Leaving the Scene of an Accident
- Hit and Run Statistics in Arizona
- CHM Law Can Help Defend Charges of a Hit and Run
Hit and Run Charges in Arizona – Leaving the Scene of an Accident
Accidents are stressful events, no matter what the circumstances are. A hit-and-run is one of the most serious crashes in Arizona, as defined under the state’s legislation ARS 28-662.
When a motorist impacts another car, person, or property and then flees the scene of an accident, he or she can be charged with a misdemeanor or felony hit and run depending on the circumstances.
Following an accident in Arizona, you must stop and share information with the other party, as well as alert the appropriate authorities.
If you are the victim or defendant in one of these accidents, you should contact a hit and run lawyer at Colburn Hintze Maletta.
Regardless of your role, you have rights that our attorneys will discuss during your free consultation.
Need a Hit and Run Defense Attorney?
Get Immediate Help from Our Arizona Attorneys.
We are Available to Talk Now.
Common Reasons Why Someone Might Leave the Scene of an Accident
There are a variety of reasons why a motorist would flee the scene of an accident. The following is a list of the most prevalent reasons for hit-and-run accidents.
- The motorist is inebriated or under the influence. They do not want to risk further prison time as a result of a DUI conviction.
- The driver’s license has been suspended. They do not want to go to jail for driving on a suspended license.
- The driver is underage or does not have a valid Arizona driver’s license.
- The driver is not covered by car insurance. Driving without insurance in Arizona may result in penalties.
- The driver is wanted on an outstanding warrant. They do not want to be arrested by the police.
- The vehicle the driver is driving is stolen.
- The driver did not realize an accident was caused.
- Simply out of fear or intimidation.
Every auto accident scenario is different, and in the moment a person might have thought of good intentions but acted out of fear of what might happen.
That is why our defense attorneys are here to listen, not here to judge a decision.
What are the Penalties for Leaving the Scene of an Accident?
If any form of vehicular accident has occurred, it is required by Arizona law that the person who is responsible for the accident remain at the scene. They must communicate with the other party and call the appropriate authorities. Both the victim and the defendant may need medical care as a result of their injuries. If the motorist flees the scene of the accident, they may be charged with either a misdemeanor or felony hit and run.
The different penalties for a misdemeanor hit and run or a felony leaving the scene of an accident can be severe.
Accidents that just cause property damage have the fewest serious repercussions. If the motorist causes serious injury or death to the victim, they will face harsher consequences, including long prison terms.
What if Only Property Damage Was Caused in a Hit and Run?
The most typical sort of hit-and-run collision involves merely property damage. You can be charged with a Class 1 Misdemeanor and face up to 6 months in jail, 3 years of probation, and a fine of up to $2,500 if you hit the property and do not take reasonable steps to locate and notify the person in charge of the property of the accident, your name and address, and your vehicle information.
Accidental Damage to a Parked Car
You should start by looking for the driver, but if the owner of the vehicle can not be found, then you must leave personal information behind if you strike a parked car. You may include your contact information, insurance information, and vehicle identification number. If you do not disclose your personal information after colliding with a parked car, you might be punished with a Class 1 Misdemeanor and face up to three years on probation. You might also face a fine of up to $2,500.
In addition, you can face civil penalties and repercussions from your insurance agency.
A Single Car Accident that Only Causes Vehicle Damage
A motorist who flees the scene after colliding with a moving car may be charged with a class one misdemeanor. This clause only applies to defendants who do not cause injury to the struck vehicle’s driver. When two drivers collide while driving, each must stop and disclose personal information. Accidents at stoplights and stop signs are also included in this fee.
You could spend up to six months in jail if you are charged with a class one misdemeanor. Three years of probation and a fine of up to $2,500 plus surcharges are other possible punishments.
A Car Accident that Only Causes Minor Injuries
If a person involved in a hit and run accident caused minor injuries and left the scene of an accident, they face a class five felony charge. Minor injuries mean that the injured person is still alive and will not have any major medical issues.
Again, both sets of drivers must come to a stop and exchange personal information. Contact information, registration numbers, and insurance information should all be exchanged. They can be charged with a class five felony if they do not stop and do this. Non-serious injuries that occurred, and the person at fault left the scene of the accident, may result in a sentence of up to 2.5 years in prison or up to 3 years of probation with up to 1 year of county jail time as part of the sentence. Additionally, your driver’s license might be suspended for up to three years.
Serious Injury or Death as a Result of an Accident
After a hit-and-run accident that results in major damage or death, the most serious repercussions can happen. In Arizona, defendants must come to a halt, exchange information, and, if feasible, provide assistance. They should call for help and remain with the sufferer. If a motorist fails to stop after causing significant harm or death, they will face charges of a class two felony.
For these offenses, you may face up to 12.5 years in jail and a ten-year suspension of your driver’s license, along with other fines and penalties. The person charged also faces civil lawsuits.
What if I Wasn’t At-Fault for the Accident?
If you were not the person at-fault for the car accident but were the person who left the scene of the accident, you are still held accountable and face charges as well. Especially if there were injuries involved. Regardless of who is at fault, all parties are required to remain at the scene.
Even if you were not at fault, you must still remain at the scene and provide your personal information. Otherwise you face the potential of misdemeanor of felony charges.
Regardless of who is at fault, a police report needs to be filed. This will help aid your defense attorney in your case.
Common Punishments for Hit-and-Run Accidents
See the chart below for an outline of the consequences you might face if you are charged with hit and run.
| Types of Damages from the Accident | Penalties for the Hit and Run Accident | Arizona Statute |
| Damage to a non-vehicle | Jail time of 180 days, 3 years of probation, fine of $2500 | ARS 28-665 |
| Damage to a parked vehicle | Jail time of 180 days, 3 years of probation, fine of $2500 | ARS 28-664 |
| Solely damage to the property | Jail time of 180 days, 3 years of probation, fine of $2500 | ARS 28-662 |
| Non-serious injuries | Prison time of up to 2.5 years or more with a prior felony, driver’s license loss for up to three years | ARS 28-662 |
| Serious injury or death (if you are not the defendant) | Up to 8.75 years in prison with no prior felonies, driver’s license loss for up to five years | ARS 28-661 |
| Serious injury or death (if you are the defendant) | Up to 12.5 years in prison with a prior conviction, driver’s license loss for up to 10 years | ARS 28-661 |
What To Do If You Leave an Accident Scene?
You still have rights if you leave the scene of an accident. Defendants often act hastily, without considering the implications. One cause might be that you were probably terrified of retaliation from the victim. Moving your car to a secure location may be difficult at times. If the victim believes you are unwilling to stop, they may pull away. You may also leave the scene of an accident for other reasons, such as road rage or a medical emergency.
Leaving the site of an accident is a severe scenario under any circumstance. Colburn Hintze Maletta recommends contacting a criminal defense lawyer at our firm as soon as possible. We can assist you in understanding your rights and obtaining the best possible outcomes.
Defense to Leaving the Scene of an Accident
If a person has been involved in a car accident and left the scene, they may face criminal charges. However, there are some defenses that may be used in such a situation.
Below are five possible defenses that your attorney can use:
- Lack of knowledge: If the person did not realize that they were involved in an accident and left the scene unintentionally, it may be argued that they lacked the knowledge required to be charged with a hit and run.
- Self-defense or defense of others: If the person left the scene of the accident because they believed that they were in danger or were protecting someone else from harm, it may be argued that they left the scene in self-defense or defense of others.
- Medical emergency: If the person left the scene of the accident because they had a medical emergency, such as a heart attack or seizure, it may be argued that they left the scene involuntarily and without the intention of committing a hit and run.
- Duress: If the person left the scene of the accident under duress, meaning that they were forced to leave by someone else who threatened them, it may be argued that they left involuntarily and should not be charged with a hit and run.
- Lack of damage or injury: If the accident did not result in any damage or injury to the other person or property, it may be argued that the person did not have a legal duty to stop and exchange information, and therefore should not be charged with a hit and run.
It’s important to note that the viability of these defenses will depend on the specific facts of the case, and an experienced Phoenix criminal defense attorney should be consulted for advice on the best course of action.
Hit and Run Statistics in Arizona
Car accidents are way too common in Arizona. According to the Arizona Department of Transportation, there have been an average of 15,000 of these accidents in the last several years. Fortunately, the majority of hit-and-run accidents only cause property damage. Victims of these crashes are seldom killed or seriously injured.
The most common victims of hit-and-run accidents are pedestrians and bicycles. Due to the pile-up, it is often practically impossible for the defendant to flee the scene in these cases.
Colburn Hintze Maletta Can Help Defend Charges of a Hit and Run
The hit and run defense attorneys at CHM Law can help you develop a strategic plan for your case, starting with a free consultation to get started.
Whatever the case may be, we are here to help you. Call us at (602) 825-2500 today and tell us your side.
Always Available 24/7 for Legal Help
Schedule an Appointment Today!
Call Us Now to Speak with an Attorney (602) 825-2500
What People Say
Client Testimonials
“Thankful for the excellent service he provide”
Dave stayed with me while he pushed back and forth with Covid-19 and the delays with the court. Once cited, the state basically decides that your guilty through the automatic suspension of your drivers license. Dave immediately took care of that problem and I never lost the privilege of driving. Dave took notes like crazy and was upfront about our uphill battle. I was also well aware that the plea deal that was given to us, was unacceptable and through Dave’s knowledge and experience I had put my trust in him to guide me to make the right decision on how to proceed. With Daves guidance I had decided that we needed to fight for something better than what the prosecutor was offering and Dave was 100 percent behind me on that decision. We knew the risks, be we also knew we had very little to lose based on the prosecutions stance. We decided to go to trial. I knew and felt that it was a long shot based on some of the information in the police report, but I also knew that it was not true. We met previous to the trial so I could better understand what the process is once we get into the court room. Dave answered may questions and spent a lot of time with me trying to be sure I understood things and what time I needed to be there and what would happen once we got there. We worked together on jury selection on the day of trial and we began the case. Watching the prosecution and then watching Dave was night and day!! Dave brought the case to life, Dave grabbed the attention of the jury, Dave had me staring, listening, watching and not missing a beat when he went to fight for me, his client. He went through his notes through the 2 days of trial and his big book. It was clear that he was completely familiar with the facts of the case, the facts on the incident and the responsibility of the prosecution in areas that they weren’t competent. Dave took steps throughout the 2 days that sometimes had me concerned, but his experience calmed me down, once he educated me on this. It was clear to the jury that we working as team. It was clear to the jury that the prosecution didn’t have their facts straight and were not addressing the facts that they could not address. I was nervous to say the least. There was a lot at stake for my personal life and my work life. I was found NOT GUILTY. Dave won the trial for me. I was not only found not guilty, I was found not guilty on 2 counts. I owe this to Dave to truly bring the facts forward, make the arguments, show his passion and his knowledge of the facts and convince the jury that they had reasonable doubt and could not find me guilty. Dave has some fire in him that will come out in trial and it’s rare to have someone with enough personality to relate to the jury and to his client. I am so thankful that I had Dave Maletta as my attorney. It has taken me over a week to finally let it all soak in after 2 1/2 years of stress.
Gregory - Avvo Review
“Their service exceeded all expectations”
I recently had the pleasure of working with CHM, and I must say, their service exceeded all expectations. From their expert legal knowledge to their proactive communication and genuine empathy, every interaction with CHM was professional and supportive. They navigated my case with precision and kept me informed every step of the way, making a potentially stressful experience remarkably smooth. I highly recommend them for anyone seeking dedicated and effective legal representation.
Yadirha- Google Review
“Best injury lawyers in Phoenix!”
I hired CHM Injury Attorneys after I got rear-ended and could not be happier with my decision. Darin, Jessica, Libby, Maeve, and the whole team have been awesome! They are knowledgeable and kept me informed throughout the case. Most importantly they helped me get the care I needed when I needed it. With CHM I didn’t feel like just another case. I felt like family. I strongly recommend CHM! They are the best injury lawyers in Phoenix!
Patrick Martin - Google Review
“Responsive, sympathetic, professional, patient, and kind.”
On one of the worst and most surreal nights of my life (do not EVER get a DUI people!) I was lucky enough to find my way to Tim Hintze. Being in Phoenix for the Thanksgiving holiday from out of town, and after spending the evening with family, I ended up spending the night in jail.
Tim turned one of the worst experiences in my life into “it could have been so much worse!” Working with him from a different state, he covered the bases & paperwork, showed up for me in court, gave me numerous connections to muck my way through the system, and held my hand the whole way.
I cannot imagine how much worse this experience could have been, and thanks to Tim, I didn’t need to. He was responsive, sympathetic, professional, patient, and kind throughout the long process, drawn out by many months due to Covid.
Keep Tim’s number handy and in your contacts in the event you are ever in the sorry position to need a DUI lawyer!
Holly Weber - Google Review
“I would give them more stars, but the option is not there”
Best divorce lawyers in Arizona, hands down. Timothy Hintz handled my divorce, and as a father, I have my son and our house. I would give them more stars, but the option is not there. His paralegal Jennifer Bone is extremely competent, and the whole team is very friendly. Took a big weight off, having them behind me.
Joseph A. - Google Review
“A true strategist who considers long-term situations”
A top-notch attorney who knows the trade well. A true strategist who considers long-term situations, is extremely accessible anytime and if in a meeting, timely returns calls, for those affected, his delivery comes across as highly confident but with a feeling of calmness. Works well with a range of generations.
Ben - Avvo Review
“She was passionate and driven when managing my case”
Lauren Bostick assisted me with the child custody case. She was passionate and driven when managing my case. She thinks outside of the box and is determined to serve justice. Lauren and her teammates ensured I was given recourses to manage my case and my personal well-being. She is extremely knowledgeable and caring. I was honored to be represented by her. Due to her work ethic and perseverance, she was able to win my case and get me even more quality time with my son. I will be forever thankful for her help and her team.
D P- Google Review
“I couldn’t be more impressed with the professionalism and expertise”
I couldn’t be more impressed with the professionalism and expertise. From the initial consultation to the resolution of my case, they demonstrated a deep understanding of the law and a commitment to achieving the best outcome for me. Their communication was clear and timely, and I always felt well-informed and supported throughout the process. I highly recommend for anyone seeking reliable and effective legal representation.
Ashley Showell - Google Review
“He has been extremely professional compassionate and knowledgeable”
I’m at the beginning of my case but so far I am very impressed. Everybody says this but I am innocent and I need a lawyer who believes in me. David has been extremely professional compassionate and knowledgeable. I am praying all will go well so far I’d recommend these people highly to you.
Thomas- Avvo Review
“They worked fast and hard to win my case”
They helped me and provided me with outstanding service. They worked fast and hard to win my case. I’m very grateful. Thank you!
Miguel Gomez - Google Review
“I’m very grateful for them and will definitely be recommending them to everyone!”
This law firm was so easy to work with, I recently got myself into some trouble and needed a lawyer they were able to help out of a worse outcome. I’m very grateful for them and will definitely be recommending them to everyone!
Devilish Nikki - Google Review
“Their professionalism and dedication were evident in every interaction”
I had an outstanding experience with Colburn Hintze Maletta PLLC. Their team provided expert legal guidance and support throughout my case. They were responsive, thorough, and always kept me informed. Their professionalism and dedication were evident in every interaction, and they navigated the complexities of my situation with skill and efficiency. I am grateful for their expertise and highly recommend Colburn Hintze Maletta PLLC to anyone in need of reliable and effective legal representation.
Devin Farias - Google Review
“Extremely professional compassionate and knowledgeable.”
David has been extremely professional compassionate and knowledgeable. He exhibited immediate and genuine concern for securing the most favorable outcome I could get. I couldn’t ask for more. Thank you
Jerry - Avvo Review
“They handled my case very well”
I had a very great experience with Colburn Hintze Maletta PLLC, they handled my case very well and the process was smooth. definitely will be recommending it!
Ezrah Laina - Google Review
“She always had my best interest in mind”
Lauren was outstanding throughout the whole process. She was always available as needed, upfront and honest, and very knowledgeable. Most lawyers don’t really have your best interest in mind. It’s all about their pocketbook. Lauren never gave that impression and comes from a place of sincerity. She always had my best interest in mind. If you happen to be unfortunate enough to need a lawyer, I sincerely recommend Lauren. I can’t imagine how anyone could be disappointed.
Daniel- Google Review
“A true ally and an amazing attorney!”
Jessica Hernandez was awesome! Organized, prompt, and fought for us the whole way! A true ally and an amazing attorney! So happy we chose her to win our case! The entire office was great!!
Jennifer Wilson- Google Review
“She was very helpful”
Juanita Pena was very helpful in answering questions regarding family law. She clarified any concerns we had in a cordial manner.
Juanita Soto - Google Review
“Let me just say she was an amazing attorney”
I had gone in to see a lawyer for my DUI. My attorney was Jessica. Let me just say she was an amazing attorney I could’ve asked for, I really thought I was going to do 3 years in prison & thanks to her I only did 1 day in jail. That’s just wow a big WOW !! I truly can’t thank her enough for what she did. She’s amazing if you ever get a DUI ask for Jessica. Can’t go wrong with her, she is outstanding! One more thing, Kiara is an amazing helper. She and Jessica are both great. Kiara answered all the questions I had. You can just say I’m so thankful I had them helping me out with my case.
Luz Jimenez - Google Review
“They were exceptional from start to finish”
My experience with Colburn Hintze Maletta was exceptional from start to finish. They were very attentive to my concerns and questions. They took the time to explain the legal process clearly and kept me informed at every step. Their professionalism and commitment to achieving the best outcome for me was evident throughout the entire process. I highly recommend this firm to anyone seeking reliable and effective legal representation.
Chimal Lopez - Google Review
“She’s very helpful and treated me with respect”
I would highly recommend Juanita. She helped me understand what was happening at all times. very helpful and treated me with respect.