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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 which 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 runs.
- 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 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 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
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 face a fine of up to $2,50. It is better to complete your homework.
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
After inflicting a non-serious injury, you will be charged with hit and run, which is a class five felony. Again, the victim will be alive and will not have any major medical issues.
Again, both sets of drivers must come to a halt and exchange personal information. Contact information, registration numbers, and insurance information should all be exchanged. They will be charged with a class five felony if they do not cease.
Non-serious injuries 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. 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 arise. 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.
What if I was 100% At-Fault for the Accident?
You might face a class three felony if you were not the cause of the accident but were involved in a hit and run. If feasible, you must still supply the victim with your personal information. You must also assist others wherever possible.
In Arizona, class three felonies may result in up to 8.75 years in prison. If there was a major injury, you might lose your driver’s license for up to five years, and up to ten years if there was a death.
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 28-661 |
| 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.
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 as soon as feasible. We can assist you in understanding your rights and obtaining the best possible outcomes.
Defense to leaving the scene
A defense to leaving the scene is that the State cannot prove who was driving the automobile. It is not enough that the vehicle was registered to a person. The State must prove beyond a reasonable doubt who was driving the automobile.
Colburn Hintze Maletta Can Help Defend Charges of a Hit and Run
The hit and run defense attorneys at Colburn Hintze Maletta 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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