ARS 28-664: Duty on striking unattended vehicle
The complete text of A.R.S. § 28-664 on duty on striking unattended vehicle, what the State has to prove, and the sentencing range, with a violation charged as a class 1 misdemeanor and exposure reaching up to 6 months in jail.
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What the State Must Prove Under § 28-664
A.R.S. § 28-664 is the Arizona statute on duty on striking unattended vehicle. The statute sets out 2 ways the offense can be committed. A violation is a class 1 misdemeanor, depending on the paragraph charged and what the State can prove. The maximum exposure is 6 months in jail.
A. The driver of a vehicle that collides with a vehicle that is unattended on public or private property shall immediately:
- Stop.
- Either:
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 § 28-664 Conviction
| Class | Maximum jail | Maximum fine |
|---|---|---|
| Class 1 misdemeanor | 6 months | $2,500 |
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. § 28-664
A. The driver of a vehicle that collides with a vehicle that is unattended on public or private property shall immediately:
1. Stop.
2. Either:
(a) Locate and notify the operator or owner of the vehicle of the name and address of the driver and owner of the vehicle striking the unattended vehicle.
(b) In a conspicuous place in the vehicle struck, leave a written notice giving the name and address of the driver and of the owner of the vehicle doing the striking.
B. If the first 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 immediately stops and the vehicle owner or a person on behalf of the vehicle owner provides the notice prescribed in subsection A, paragraph 2 of this section.
C. A person who violates this section is guilty of a class 1 misdemeanor.
Source: Arizona Revised Statutes § 28-664, 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.
Related Statutes in Title 28 — Criminal Traffic
- A.R.S. § 28-663 — Duty to give information and assistance
- A.R.S. § 28-662 — Accidents involving damage to vehicle
- A.R.S. § 28-661 — Accidents involving death or physical injuries
- 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 § 28-664 Cases
A § 28-664 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 1 misdemeanor and something far less serious, and it is where these cases are won.
We handle duty on striking unattended vehicle 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. § 28-664?
A.R.S. § 28-664 is the Arizona statute on duty on striking unattended vehicle. A violation is a class 1 misdemeanor, and which class applies depends on the paragraph charged and the facts the State can prove.
Is a violation of § 28-664 a felony in Arizona?
No. Under the statute a violation is a class 1 misdemeanor, so the exposure reaches up to 6 months in jail. The paragraph charged and the facts decide which class applies.
What is the maximum penalty for a class 1 misdemeanor?
A.R.S. 13-707 caps jail at 6 months for a class 1 misdemeanor and A.R.S. 13-802 caps the fine at $2,500, before surcharges. A judge may also impose probation and other conditions.
Where can I read the official text of § 28-664?
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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Case Results Disclaimer: The results described on this page are based on specific facts and circumstances and do not guarantee or predict a similar outcome in any future case. Every case is different. Past results do not guarantee future results. No attorney-client relationship is formed by viewing this page or submitting a contact form until a written fee agreement has been signed. Tamou Law Group, PLLC is licensed to practice law in the State of Arizona. This website is for informational purposes only and does not constitute legal advice.