Quick Navigation:
- Hit and Run – Leaving the Scene of an Accident
- Hit and Run Statistics in Arizona
- 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 was 100% At-Fault for the Accident?
- Common Punishments for Hit-and-Run Accidents
- What To Do If You Leave an Accident Scene?
- Defenses for Leaving the Scene of an Accident
- 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.
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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.
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 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.
What are the Penalties for Leaving the Scene of an Accident?
If any form of a 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.
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 must leave personal information behind if you strike a parked car. You may include your contact information, insurance information, and vehicle identification number.
Leave a message on the windshield if the victim is nowhere near their car. You should start by looking for the driver. It is preferable to guarantee that the victim receives the necessary information.
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.
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 accident but were the person that 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 you’re 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 counsel at our firm as soon as feasible. 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 criminal defense attorney should be consulted for advice on the best course of action.
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.
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One piece of advice for people who are charged with anything in Arizona is to hire a great lawyer because the state does not care if you’re innocent or not. The Arizona legal system will try to ruin your life. A couple of years ago I was the victim of an antisemitic hate crime when a guy named Billy, who had a history of drug and alcohol issues and was thrown out of the Navy for being violent, decided to attack me after drinking all day in Old Town (Sunday funday) over a pointless argument over whether it’s better to buy homes immediately post-recession or during the 10th year of a bull market run which was his argument. The disagreement led to Billy making several anti-semitic comments and assaulting me, which led to me beating up billy. Billy and his friends then went to the police and lied to try to get me thrown in jail for months for assault while getting 10s of thousands of dollars in restitution in the process. I hired David Maletta. We went to court and destroyed Billy and his best friend/roommate Taylor who were trying to extort me and ruin my life. In Arizona there is a 3.5% chance you’ll get all charges dropped because of how hard the state is on crime but we pulled it off and I still have a clean record to this day.
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I have nothing but good things to say about my experience working with David Maletta. I was in a very high-stress situation facing a pending DUI charge. He doesn’t know this, but I actually interviewed 5 potential lawyers, and he was the most optimistic of all of them. He took over and handled everything, and now I don’t have to live with a DUI. Thank you so much for everything! Highly recommend them to anyone looking for legal help.
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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!
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We retained David Maletta to represent our son after being cited for what can only be described as a momentary lapse of reason. David was extremely knowledgeable, was able to clearly communicate very complicated concepts, and was relentless in his pursuit of my son’s innocence. He had strong relationships with the prosecuting attorney and respect of the judge, which ultimately resulted in my son learning a really hard lesson with limited consequences (traffic school and writing an essay to the judge on the physics of driving 130MPH and what happens if that goes badly). I have already sent all of my friends with teenage and 20 year old kids his contact information for when they inevitably get that call. David completely exceeded all of our expectations and we could not recommend him any stronger. Thank you for everything.
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“I was found NOT GUILTY. Dave won the trial for me.”
Dave stayed with me while he pushed back and forth with Covid-19 and the delays with court. Once cited, the state basically decides that you’re 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 Dave’s 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… Watching the prosecution and then watching Dave was night and day!! 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…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.
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I recently consulted with Darin after my wife filed for divorce. He was referred to me by a friend whom I very much trust. Darin was the antithesis of the first two attorneys I consulted (who were matter-of-fact and had very little empathy about the fact that I was struggling emotionally with what was transpiring). From the first few minutes of speaking with Darin, it was obvious that he was very knowledgeable and skilled with divorce and family matters. While that was most important to me, the thing that made the difference was his calming, logical, and empathetic approach. He took the time to listen and empathize with me. He took the time to understand what I wanted to achieve through this process and laid out my options. After the consultation, I knew he would be my attorney if I had to pull the trigger. I, ultimately, didn’t have to engage Darin’s services due to a reconciliation with my wife. I hope I never have to go through that process again. However, if I do, I know beyond a shadow of a doubt who I will be hiring to represent me…Darin R. Colburn. Darin, thank you for caring and being more than an attorney.
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I had an incident and was given the catch-all charge. There wasn’t really anything I could do by myself to get out of it. Tim was absolutely amazing and worked diligently to ensure that I would have the best possible outcome from my case. Which he successfully achieved! As of right now, I am on the path to having my case fully dismissed. A couple of things that really helped me through this process was that Tim did an amazing job at answering my questions. He was available almost anytime and would respond promptly when he got my emails. He was also very approachable and comforting to be around while we had in person meetings and especially when I was at the court house. I would trust him and the company he works for with any other cases in the future, and as of right now, they will be my first choice if I need a lawyer in the future.
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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.
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Before I hired Darin I went through a total of 3 different attorneys in two different states fighting a jurisdiction battle, when my daughter was taken to a different state. It was a very difficult decision to switch attorneys at one of the most difficult, time sensitive and important times in my case, but I’m very glad I did. Upon receiving my file from previous attorneys Darin came very familiar with my case quickly. Like other people have explained he took the time to lay everything out and explain how the process was going to proceed and what to expect and continued to do this as new issues arrived. He is also very quick at responding to emails and phone calls. My case was getting close to trial as told by my previous attorneys, I did not want to go to trial as I know this is very costly (most attorneys will convince you that you need to.) Darin knew my situation, fought for what was right and got the results I wanted while avoiding a costly trial. He is extremely knowledgeable in the Child Support Guidelines as well. Because of Darin I got my daughter back. I would highly recommend him and would hire again for any future issues. Thanks Darin!
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I honestly just want to let it be known to any and everyone looking for an attorney on a case. Whether it be DUI, possession, or your every day to day traffic violations where you need representation attorney Tim Hintze is your man. You have to respect a man that listens to every request that you make on a case and he gets in there and gets it done. Tim has my respect as an attorney and being a well-rounded representer. From him being honest on the possibility and options for your case to him being easy to work and communicate with via over the phone or face to face Mr. Hintze is working it out.
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David Maletta is the absolute best trial attorney in the state of Arizona. He is a kind, emphatic, and extremely patient person. As an attorney, he is prepared, aggressive, and extremely skilled. He is not afraid to go to trial and fight for his clients, like other attorneys that just plead their clients to the original charges. When he is in trial, he flips a switch and goes from a nice guy to a killing machine. He fights for his clients like no one I have ever seen. Watching him do a cross-examination is exhilarating because he is so good it’s scary.