ARS 28-661: Leaving the Scene of an Injury or Fatal Accident
The complete text of A.R.S. § 28-661 on leaving the scene of an injury or fatal accident, what the State has to prove, and the sentencing range, with a violation charged as a class 2 through 5 felony and exposure reaching up to 12.5 years in prison.
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What the State Must Prove Under § 28-661
A.R.S. § 28-661 is the Arizona statute on leaving the scene of an injury or fatal accident. The statute sets out 2 ways the offense can be committed. A violation is a class 2 through 5 felony, depending on the paragraph charged and what the State can prove. The maximum exposure is 12.5 years in prison.
A. The driver of a vehicle involved in an accident on public or private property resulting in injury to or death of a person shall:
- Immediately stop the vehicle at the scene of the accident or as close to the accident scene as possible but shall immediately return to the accident scene.
- Remain at the scene of the accident until the driver has fulfilled the requirements of section 28-663.
The State must prove every element of the paragraph it actually charged, beyond a reasonable doubt. Which paragraph appears on the complaint decides what the case is about, and it is the first thing to check.
Penalties for a § 28-661 Conviction
| Class | Mitigated | Minimum | Presumptive | Maximum | Aggravated |
|---|---|---|---|---|---|
| Class 2 felony | 3 years | 4 years | 5 years | 10 years | 12.5 years |
| Class 3 felony | 2 years | 2.5 years | 3.5 years | 7 years | 8.75 years |
| Class 5 felony | 6 months | 9 months | 1.5 years | 2 years | 2.5 years |
Felony ranges are set by A.R.S. § 13-702(D) and apply to a first felony conviction that is not dangerous and not repetitive. A dangerous offense (§ 13-704), a repetitive offense (§ 13-703) or a dangerous crime against children (§ 13-705) carries a longer range, and some carry mandatory prison with no probation. Misdemeanor maximums come from §§ 13-707 and 13-802; surcharges are added on top of every fine.
Full Text of A.R.S. § 28-661
A. The driver of a vehicle involved in an accident on public or private property resulting in injury to or death of a person shall:
1. Immediately stop the vehicle at the scene of the accident or as close to the accident scene as possible but shall immediately return to the accident scene.
2. Remain at the scene of the accident until the driver has fulfilled the requirements of section 28-663.
B. If the vehicle described in subsection A of this section is a fully autonomous vehicle operating without a human driver or a neighborhood occupantless electric vehicle, the requirements of this section are satisfied if the fully autonomous vehicle or neighborhood occupantless electric vehicle stops at the scene of the accident or as close to the accident scene as possible and remains stopped at that location until the requirements of section 28-663 have been satisfied.
C. A driver who is involved in an accident resulting in death or serious physical injury as defined in section 13-105 and who fails to stop or to comply with the requirements of section 28-663 is guilty of a class 3 felony, except that if a driver caused the accident the driver is guilty of a class 2 felony.
D. A driver who is involved in an accident resulting in an injury other than death or serious physical injury as defined in section 13-105 and who fails to stop or to comply with the requirements of section 28-663 is guilty of a class 5 felony.
E. The sentence imposed on a person for a conviction under this section shall run consecutively to any sentence imposed on the person for other convictions on any other charge related to the accident.
F. The department shall revoke the license or permit to drive and any nonresident operating privilege of a person convicted pursuant to subsection C of this section as follows:
1. For an accident resulting in serious physical injury, five years, not including any time that the person is incarcerated.
2. For an accident resulting in death, ten years, not including any time that the person is incarcerated.
G. Five or more years after the revocation period has begun pursuant to subsection F, paragraph 2 of this section, not including any time that the person is incarcerated, a person may apply to the department for a restricted privilege to drive. The department may issue a restricted privilege to drive as described in section 28-144 if the department finds both of the following:
1. The person is not convicted of any offense involving the operation of a motor vehicle while the person’s driving privilege is revoked.
2. The person has paid full restitution as ordered by the court.
H. The department shall revoke the license or permit to drive and any nonresident operating privilege of a person convicted pursuant to subsection D of this section for three years.
I. If the court finds by a preponderance of the evidence that the person’s use of intoxicating liquor, any drug listed in section 13-3401, a vapor releasing substance containing a toxic substance or any combination of liquor, drugs or vapor releasing substances was a contributing factor to the accident, the court shall order the person to complete alcohol or other drug screening.
Source: Arizona Revised Statutes § 28-661, Arizona Legislative Council revision of 09/20/25. Read the official text on azleg.gov. Statutes change; verify the current version before relying on it.
Our Guides on This Charge
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Related Statutes in Title 28 — Criminal Traffic
- A.R.S. § 28-662 — Accidents involving damage to vehicle
- A.R.S. § 28-663 — Duty to give information and assistance
- A.R.S. § 28-664 — Duty on striking unattended vehicle
- A.R.S. § 28-672 — Causing serious physical injury or death by a moving violation
- A.R.S. § 28-675 — Causing death by use of a vehicle
- A.R.S. § 28-676 — Causing serious physical injury by use of a vehicle
- A.R.S. § 28-693 — Reckless driving
- A.R.S. § 28-695 — Aggressive driving
How Tamou Law Group Defends § 28-661 Cases
A § 28-661 case is decided by the paragraph the State charged, not by the statute as a whole. We start with the charging document and the disclosure, identify which subsection the prosecutor has to prove, and test whether the evidence actually reaches every element of it. Where the class turns on a fact such as value, an alleged injury, a prior conviction or the identity of the person involved, that fact is frequently the difference between a class 2 through 5 felony and something far less serious, and it is where these cases are won.
We handle leaving the scene of an injury or fatal accident cases across Maricopa County and statewide, from our Scottsdale and Phoenix offices. Call 623-321-4699 any time, or read the statute in full above before you speak to anyone about the case.
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Frequently Asked Questions
What is A.R.S. § 28-661?
A.R.S. § 28-661 is the Arizona statute on leaving the scene of an injury or fatal accident. A violation is a class 2 through 5 felony, and which class applies depends on the paragraph charged and the facts the State can prove.
Is a violation of § 28-661 a felony in Arizona?
Yes. Under the statute a violation is a class 2 through 5 felony, so the exposure reaches up to 12.5 years in prison. The paragraph charged and the facts decide which class applies.
What is the sentence for a class 2 felony in Arizona?
For a first felony conviction that is not dangerous or repetitive, A.R.S. 13-702(D) sets a class 2 felony at 3 years to 12.5 years, with a presumptive term of 5 years. Dangerous, repetitive and dangerous-crimes-against-children sentencing under 13-703, 13-704 and 13-705 runs longer.
Where can I read the official text of § 28-661?
The Arizona Legislature publishes it at azleg.gov, in the revision dated 09/20/25. The complete text is reproduced on this page, and every Arizona criminal statute is searchable on our Arizona Criminal Code index.
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