Arizona Vehicular Crimes Lawyers
Charged with a vehicular crime in Arizona, DUI, reckless driving, hit-and-run, or a fatal crash? A car is treated as a dangerous instrument, so a death can turn a crash into negligent homicide, manslaughter or worse, with mandatory prison if a dangerous offense is proven. The defense starts with the stop, the reconstruction, and causation. Do not talk to police before you call us.
Recognized By
As Seen On
Our Team Has SeenBoth Sides
Former Prosecutors · Law Enforcement · Public Defenders
When you call Tamou Law Group, you reach a firm that handles criminal defense exclusively, with serious experience defending DUI, reckless driving, hit-and-run, and vehicular homicide cases across Arizona. Our team includes former prosecutors who built fatal-crash cases and law enforcement officers who worked them, so we know how the State assembles a reconstruction and a theory, and where those cases break down.
At many large firms, the name on the building is a marketing figurehead, you will rarely get them on the phone and your case is handed to a junior associate. When you hire Tamou Law Group, your case is handled by a full team of attorneys, not associates, including Michael Tamou. Call 623-321-4699 for a free, confidential consultation, 24/7.
Featured Answer
What Are Vehicular Crimes in Arizona?
Quick answer: Vehicular crimes are driving offenses that carry criminal, not just civil, penalties, DUI, reckless and aggressive driving, racing, hit-and-run (leaving the scene), criminal speeding, endangerment, and the most serious, vehicular homicide (negligent homicide, manslaughter, even second-degree murder when a crash causes death). Because a vehicle is a “dangerous instrument,” fatal-crash charges are usually charged as dangerous offenses with mandatory prison. The defense often turns on causation, the stop, and the driver’s mental state.
Key Takeaways
- Vehicular crimes range from criminal speeding to second-degree murder, and the penalties scale dramatically.
- A car is a “dangerous instrument”, so when a crash causes death, the charge is usually alleged as a dangerous offense, with mandatory prison and no probation if proven.
- DUI is the most common vehicular crime; a fatal DUI is charged as DUI causing death, from negligent homicide up to murder.
- Hit-and-run (leaving the scene of a crash) is a separate felony when injury or death results, even if you were not at fault for the crash.
- Reckless and aggressive driving are criminal misdemeanors, a repeat within 24 months brings a one-year license suspension, and a crash that injures someone can bring separate felony charges.
- The driver’s mental state and causation decide the charge, an accident is not automatically a crime, and an independent reconstruction can prove it.
- Your case is handled by a full team of attorneys, not associates, including Michael Tamou, available 24/7 at 623-321-4699.
Recognized By
Mandatory Prison
Was Someone Killed?
After a fatal crash the State usually alleges the vehicle was a dangerous instrument, and if that is proven, a negligent homicide or manslaughter conviction means mandatory prison, no probation. The hours after a crash decide the case. Do not give a statement.
Call 623-321-4699 →Accident, Not a Crime
Was It Just an Accident?
A genuine accident, without recklessness or impairment, is not a crime. Proving the crash was unavoidable or caused by another factor can defeat the charge. The reconstruction is everything.
See the Defenses →Left the Scene?
Charged With Hit-and-Run?
Leaving the scene is a separate felony when injury or death results, even if the crash was not your fault. Panic is not a defense, but there are real ones. Call now.
CALL NOWArizona Vehicular Crimes We Defend
From DUI to a fatal crash, choose your charge below for a complete guide, or call us 24/7.
DUI & Aggravated DUI
A.R.S. 28-1381 / 28-1383
Arizona’s most-charged vehicular crime, from a first DUI to a felony aggravated DUI. The stop and the test are everything.
Learn More →DUI Causing Death
Fatal DUI · A.R.S. 28-1383
A fatal impaired-driving crash, charged from negligent homicide up to second-degree murder. We fight the charge level.
Learn More →Vehicular Manslaughter
Reckless Killing · A.R.S. 13-1103
A death caused by reckless driving, a Class 2 felony usually charged as dangerous. Recklessness vs. accident is the battle.
Learn More →Negligent Homicide
A.R.S. 13-1102
A death caused by criminal negligence, a common reduction from manslaughter. The mental state decides everything.
Learn More →Second-Degree Murder
Extreme Driving · A.R.S. 13-1104
Wrong-way, extreme-speed, or high-BAC fatal crashes charged as murder. Defeating ‘extreme indifference’ is key.
Learn More →Hit-and-Run / Leaving the Scene
A.R.S. 28-661 / 28-662
Failing to stop after a crash, a felony when injury or death results, even if you were not at fault. Death is a Class 3 felony, or Class 2 if you caused the crash.
Learn More →Endangerment
A.R.S. 13-1201
Recklessly putting another person at substantial risk of death or injury, often charged per victim. A Class 6 felony when death is risked.
Learn More →Unlawful Flight From Police
A.R.S. 28-622.01
Fleeing or attempting to elude a marked patrol vehicle with lights and siren, a Class 5 felony, and worse if it endangers others.
Learn More →Reckless, Aggressive Driving & Racing
A.R.S. 28-693 / 28-695 / 28-708
Reckless and aggressive driving, street racing, and criminal speeding, criminal charges with license consequences that can escalate fast.
Learn More →Not sure which charge you are facing? Call now for a free, confidential consultation.
CALL 623-321-4699Arizona Vehicular Crime Law: Charge by Charge
Most vehicular crimes turn on the driver’s mental state and whether anyone was hurt. Statutes link to azleg.gov.
Vehicular Homicide & the “Dangerous Instrument” Rule
When a crash causes a death, Arizona charges it as negligent homicide (criminal negligence, A.R.S. § 13-1102), manslaughter (recklessness, § 13-1103), or second-degree murder (extreme indifference, § 13-1104). Because a vehicle is a dangerous instrument, these are usually charged as dangerous offenses under A.R.S. § 13-704, carrying mandatory prison with no probation. Moving the charge down the ladder, by attacking the mental state, is the central defense.
DUI & Aggravated DUI, A.R.S. §§ 28-1381, 28-1383
DUI is the most common vehicular crime, and it escalates fast, from a standard DUI to extreme DUI to a felony aggravated DUI (suspended license, third offense, or a child in the car). A fatal DUI is charged as a homicide. The stop, the breath or blood test, and impairment are always challengeable.
Reckless & Aggressive Driving, A.R.S. §§ 28-693, 28-695
Reckless driving (driving with reckless disregard for safety) is a class 2 misdemeanor, and a second offense within 24 months is a class 1 misdemeanor with at least 20 days in jail. Aggressive driving (speeding plus two other dangerous behaviors) carries license suspension and traffic-survival school. Both can be the predicate for far more serious charges if a crash follows.
Hit-and-Run / Leaving the Scene, A.R.S. §§ 28-661 to 28-663
Failing to stop and remain at a crash is a separate crime, and a felony when there is injury or death (A.R.S. § 28-661), regardless of who caused the crash. Leaving the scene of a fatal crash is a Class 2 or 3 felony. Identification of the driver and knowledge of the crash are often the weak points in these cases.
Unlawful Flight From Law Enforcement, A.R.S. § 28-622.01
Willfully fleeing or attempting to elude a marked law enforcement vehicle that is using its lights and siren is a Class 5 felony, on top of whatever prompted the stop. If the flight involves reckless driving that endangers others, the State often stacks endangerment and other charges. We challenge whether the pursuing vehicle was properly marked and signaling, and whether the driver actually knew police were signaling them to stop.
Endangerment, A.R.S. § 13-1201
Recklessly creating a substantial risk of imminent death to another person is a Class 6 felony; a risk of physical injury is a Class 1 misdemeanor. In vehicular cases it is frequently charged once per person put at risk, stacking multiple counts from a single incident. Reducing that count structure, and challenging whether the conduct was truly reckless, is a key part of the defense.
Racing & Criminal Speeding, A.R.S. §§ 28-708, 28-701.02
Street racing (A.R.S. § 28-708) and criminal speeding (§ 28-701.02) are criminal misdemeanors, not just tickets, carrying possible jail, fines, and license consequences. Racing can also trigger vehicle impoundment. When racing or excessive speed leads to a crash, it becomes the foundation for far more serious reckless-driving, endangerment, or homicide charges. Learn more about our criminal defense practice.
How Arizona Grades Vehicular Crimes
The harm and the driver’s mental state decide whether a driving offense is a misdemeanor or a mandatory-prison felony. Each links to its full guide.
| Offense | Statute | Level | Exposure (First Offense) |
|---|---|---|---|
| Criminal speeding | 28-701.02 | Class 3 Misd. | Fine, up to 30 days jail |
| Reckless / aggressive driving | 28-693 / 28-695 | Class 2 / Class 1 Misd. | Up to 4 or 6 months jail, license action |
| DUI / Aggravated DUI | 28-1381 / 28-1383 | Misd. → Class 4 Felony | Jail to mandatory prison |
| Endangerment (risk of death) | 13-1201 | Class 6 Felony | 4 mo – 2 years |
| Unlawful flight from police | 28-622.01 | Class 5 Felony | 6 mo – 2.5 years |
| Hit-and-run with injury / death | 28-661 | Class 2–5 Felony | Up to 12.5 years |
| Negligent homicide / manslaughter | 13-1102 / 13-1103 | Class 4–2 Dangerous | 4 – 21 years (mandatory) |
| Second-degree murder | 13-1104 | Class 1 Felony | 10 – 25 years |
A vehicle is a “dangerous instrument,” so fatal-crash charges are usually alleged as dangerous offenses, with mandatory prison. Moving a charge down even one rung can change your life.
Penalties for Vehicular Crimes in Arizona
Vehicular-crime penalties run from a fine to 25 years. The “dangerous offense” rule is what forces mandatory prison in fatal-crash cases.
Misdemeanor
Driving Offenses
Felony
Hit-and-Run / Agg. DUI
Dangerous
Vehicular Homicide
⚠ A Vehicle Is a “Dangerous Instrument”
When a crash causes death or serious injury, the car usually makes it a dangerous offense under A.R.S. § 13-704, removing probation and making prison mandatory. That is why attacking causation and the driver’s mental state, not just the facts, is the core of the defense. Beyond prison, a vehicular felony brings license revocation, a permanent record, and almost always a parallel civil lawsuit.
Common Defenses in Arizona Vehicular Crime Cases
The State must prove your driving caused the harm and that you had a culpable mental state. Each is a place to fight.
Attacking Causation & the Crash
Lack of Causation. The State must prove your driving, not another driver, a defect, or the victim’s own conduct, caused the crash. An intervening cause breaks the chain.
Faulty Accident Reconstruction. Police reconstructions are frequently wrong on speed, point of impact, and timing. Our independent experts often reach the opposite conclusion.
Unavoidable Accident. If a reasonable driver could not have prevented the crash, there is no crime, only a tragedy.
Mechanical Failure or Road Conditions. Brake failure, a tire blowout, a defect, or hazardous road and weather conditions can be the true cause.
Attacking Mental State & Evidence
Accident, Not Recklessness. Manslaughter requires recklessness; negligent homicide, criminal negligence. Ordinary carelessness is not enough, and can defeat or reduce the charge.
Fighting the Charge Level. We work to move the charge down the ladder, murder to manslaughter, manslaughter to negligent homicide, cutting the exposure sharply.
DUI & Blood-Test Challenges. Where impairment is alleged, we challenge the stop, the blood draw, and rising-BAC science used to push the charge higher.
No Knowledge (Hit-and-Run). Leaving the scene requires that you knew a crash, or an injury, occurred. Lack of knowledge is a defense.
Unlawful Stop, Search & Statements. Evidence and admissions obtained in violation of your rights can be suppressed.
After reviewing your case, we will explain which defenses apply and the best path forward.
CALL 623-321-4699The Experts We Bring to the Table
The State builds vehicular cases with police reconstructionists and crime labs. We answer with the same caliber of specialists.
Accident Reconstructionists
Crash Dynamics
Independently analyze speed, braking, point of impact, sight lines, and timing, often contradicting the police report and breaking the State’s causation theory.
Event Data Recorder Analysts
“Black Box” Data
Extract and interpret the vehicle’s EDR data, speed, throttle, braking, seatbelt, and expose where the State has misread it.
Forensic Toxicologists
BAC & Impairment
Challenge blood draws, lab protocol, and rising-BAC science used to allege impairment, central to fighting DUI and vehicular-homicide theories.
Biomechanical Engineers
Injury & Who Was Driving
Assess whether the injuries and forces match the State’s account of the crash, and even who was behind the wheel.
Medical Examiners
Cause of Death
Provide an independent review of the autopsy and cause of death, including pre-existing conditions the State overlooked.
Human Factors Experts
Perception & Reaction
Evaluate driver perception-reaction time, visibility, and whether a reasonable driver could have avoided the collision.
Our Vehicular-Crime Defense Process
From a DUI to a fatal crash, the same disciplined process applies, move fast, attack causation, and protect your future.
Preserve the Vehicle & Evidence
We move immediately to preserve the vehicles, the event-data recorders, skid and scene evidence, and witnesses before they degrade or disappear.
Independent Reconstruction
We retain our own reconstructionists to analyze speed, impact, and timing, often contradicting the police report and showing the crash was unavoidable.
Attack Causation & Mental State
The State must prove your driving caused the harm and that you were reckless or negligent. We challenge both, the heart of reducing or defeating the charge.
Challenge the DUI & Toxicology
Where impairment is alleged, we challenge the stop, the blood draw, and rising-BAC science used to push the charge toward a homicide count.
Fight the Charge Level
We work to move the charge down the ladder and off the dangerous-offense range, the difference between probation and decades in prison.
Reduce, Dismiss, or Try It
We prepare every case for trial. That readiness is what gives our negotiations leverage and protects you if the State will not be fair.
Areas We Serve
Tamou Law Group defends vehicular-crime cases across Maricopa County and all of Arizona.
We represent drivers in Phoenix, Scottsdale, Mesa, Tempe, Chandler, Gilbert, Glendale, Peoria, Surprise, Goodyear, Avondale, and throughout Maricopa County, with representation available statewide. Call 623-321-4699 for a free, confidential consultation, 24/7.
A Full Team of Attorneys, Not Associates
The single biggest factor in your defense is who actually handles your case, and how hard they fight it.
At many large firms, the name on the building is a marketing figurehead. You may never get them on the phone, and your case is handed to a rotating junior associate who has never tried a case like yours. At Tamou Law Group, your defense is handled by a full team of experienced attorneys, not junior associates, including founding attorney Michael Tamou. The same senior team handles your calls, your strategy, and your court dates.
Our reputation is built on results and on our clients’ words, a 5.0-star Google rating from people we have actually defended. Read them in the reviews below.
Client reviews
What our clients say
I highly recommend Michael Tamou! He recently handled my GCE application, and I couldn't be more grateful for his help. From the very beginning, Michael was incredibly professional, knowledgeable, and thorough in making sure everything was completed perfectly. What stood out the most was his compassion—legal processes can be highly stressful, but he treated me with genuine care, kept me informed, and made me feel completely supported throughout. If you need a dedicated and skilled attorney who truly cares about his clients, look no further than Michael Tamou.
DMDan MillerGoogle review · Oct 2026Michael Tamou is an exceptional attorney! Facing a case that could affect my future was incredibly stressful, but from our first conversation, he provided honest guidance, reassurance, and a clear plan. He immediately got to work, personally reviewing the evidence and reports, filing the necessary motions, and keeping me informed throughout the process. His expertise, persistence, and genuine care gave me confidence that my case was in capable hands. I’m incredibly grateful that Michael achieved the outcome I had hoped and prayed for: my case was dismissed. I highly recommend him to anyone seeking a skilled, dedicated, and caring attorney.
TJTammy JohnsonGoogle review · Sep 2026I had a great experience working with Michael. From the beginning, they were professional, knowledgeable, and responsive. They took the time to explain everything clearly, kept me informed throughout the process, and always had my best interests in mind. Their dedication and attention to detail gave me confidence during a stressful time, and they achieved a positive outcome for my case. I truly appreciate their hard work and would highly recommend them to anyone looking for an experienced and trustworthy attorney. Thank so much Tamou Law Group.
AAAlejandra ArevaloGoogle review · Aug 2026This is a great group of attorneys that work together!! There’s no other law firm I’d use for any situation. They put the time and effort into helping out any way they can. Mike and Kristie were both amazing in handling my situation and being transparent during the whole process.
TTJ2KGoogle review · Nov 2026I can’t thank Tamou Law Group enough for helping me with my case. They truly went above and beyond, and I’m incredibly grateful for their hard work, dedication, and support. Having a team in your corner that cares makes all the difference during a stressful time. Five stars don’t feel like enough! I highly recommend them to anyone looking for a law firm that will go the extra mile. Thank you for everything!
EGEvan GibraelGoogle review · Oct 2026I cannot recommend Ms. Jacie Cotterell highly enough. From start to finish, she was absolutely amazing throughout the entire process. She was professional, knowledgeable, and always took the time to answer my questions and explain everything clearly, which gave me a lot of peace of mind during a stressful situation. What stood out most was how genuinely caring and dedicated she was. I always felt like she had my best interests at heart, and her communication was excellent every step of the way. She made a difficult experience much easier to navigate and was always patient, supportive, and reassuring. I am incredibly grateful for all of her hard work and guidance. If you’re looking for someone who is compassionate, trustworthy, and truly committed to helping her clients, I wholeheartedly recommend Ms. Jacie Cotterell. Thank you again for everything, wyou made a lasting positive impact, and I truly appreciate all that you did.
BPBlaze PeralesGoogle review · Aug 2026Michael is hands down the best in the business. The day I called him he explained everything about my daughter’s situation and took the time to research the charges. He then gave me a price and gave me a chance to think it through before hiring him and two weeks later we retained his services. Michael went to work at that point with his team and brought results that no one else could do. My daughter now has a second chance to get her life on track over a few costly mistakes that could have landed her in prison and with a felony record but Michael did not allow that to happen. If you need solid representation that fights for you then hire Michael.
RHrob hardeeGoogle review · Aug 2026Kristie & Mike didn’t just see me as another client but as a person in need of help. The level of professionalism & communication going through my whole case made me feel at peace. Amazing lawyers & 10/10 would recommend!
DNDanny NguyenGoogle review · Oct 2026We {Carrie & Ted S.} are very pleased that we chose Mike Tamou Law Group to represent a criminal case that was against our granddaughter. The case against her was for two different ordeals, and in both situations - the cases were handled above & beyond what we expected. Because of Mike's quickness and professionalism, both situations were resolved in an expedited manor with positive results that we were extremely pleased with. Our granddaughter is also extremely pleased with the results. We would recommend {Mike} Tamou Law Group to anybody that is seeking legal advice in a criminal situation.
TSTed SchroederGoogle review · Jul 2026I had an aggravated DUI case class 4 felony. With an extensive criminal record of 7 prior felonies. Mr. Tamou did an outstanding job on my case, he got me the least possible amount of time. He got the prosecutor not to allege any of my priers. I did just 4 months with a probation tail. Other lawyers I spoke with prior to retaining M. Tamou, told me the best they could get, would be a few years in prison, due to my extensive criminal history. Michael said he would fight for me and he delivered. He has relationships with the prosecutors and judges and is a great negotiator. Also he was great with communicating with me throughout the process. Always returned my calls and text messages and kept me informed. I highly recommend him.
PGPaul GonzalezGoogle review · May 2026I had a great experience with Tamou Law! Michael was very helpful. He took the time to explain everything in a way that was easy for me to understand, which made the entire process feel much less overwhelming. He was patient, professional, and always made sure I felt informed and comfortable with each step. I truly appreciated his communication and support throughout! HIGHLY RECOMMEND!
SSandraGoogle review · Apr 2026Michael is truly amazing. I am so happy that I chose him to help me with my legal situation. He is completely trustworthy. Michael was completely transparent and honest throughout the entire process and offered support to me like I was his own family member. He was patient and understanding and prompt in responding to any of my inquiries during my waiting period. His explanations were clear and logical, and I felt beyond comfortable with him. I really appreciate him and the staff in his practice, and I highly recommend him for anyone's legal needs!! Thank you, Michael! You're really the best. I appreciate you!
RLRochelle LeeGoogle review · Feb 2026Our family went through the worst time of our lives! It was wonderful to have Michael on our side fighting for us and giving us the advice we needed to take the right steps. Case Dismissed! Thank you for your hard work, dedication, and support.
RERussell EllisGoogle review · Aug 2026He's the Greatest lawyer we could have ever asked for he put his heart into helping us and we came out with exactly what we wanted! I highly recommend him!
JOJose OrtizGoogle review · Oct 2026⭐️⭐️⭐️⭐️⭐️ I cannot thank Mike Tamou enough for what he did for my family. My son was facing serious charges that could have changed the course of his life forever. From the very beginning, Mr. Tamou treated us with compassion, respect, and honesty. He took the time to explain every step of the process, always making sure we understood what was happening and what to expect. His professionalism and dedication were unmatched. He worked tirelessly on my son’s case, exploring every possible option and fighting for the best outcome. Because of Mike’s skill, expertise, and determination, my son was saved from going to jail and now has the opportunity to move forward and rebuild his life. I am forever grateful for his hard work and would highly recommend Mike Tamou to anyone in need of a strong, knowledgeable, and caring defense attorney. He doesn’t just represent his clients—he truly fight for them.
EHErin HernandezGoogle review · 2025Michael did an amazing job helping my loved one with his case. He was the first call I made and I knew right then how much he truly cared for his clients. I highly recommend Tamou Law to anyone who reads this review. Michael worked extremely hard for us and exceeded my expectations of the outcome. He is compassionate, very knowledgeable, experienced, respected and very fair. He always took the time to take my calls and to listen to questions that we had. He works hard for his clients and is the kind of guy you want on your side. Thanks again Michael. You were a pleasure to work with.
LBLaurie BryantGoogle review · 2024Great experience from start to finish. Professional, responsive, and made a stressful situation much easier. I felt confident the whole time and really appreciated Michael’s support. Highly recommend!
SMShivraj MannGoogle review · Apr 2026Had a situation that Michael helped me through with the best possible outcome. Very responsive and actually cares about his clients.
CJCaleb JohnsonGoogle review · Aug 2026My son was an idiot and was in serious trouble. He was facing prison time. Fortunately, we were referred to Tamou Law Group by trusted friends and we are beyond grateful that we listened. From the onset, Michael helped to put our family at ease. We discussed the charges where Mike provided insight that helped adjust our expectations. Sure enough, it played out nearly exactly like Mike predicted. Mike put a strong case together – which resulted with no jail time! If you find yourself in need of legal representation, you should hire Michael Timou!
AHArmando HernandezGoogle review · 2025I can’t recommend Tamou law group enough. From day one, Micheal took the time to really listen, explained my options in a way that actually made sense, and built a strong strategy that put my mind at ease. The entire team was professional, responsive and genuinely caring throughout the whole process. They fought tirelessly and delivered a result that far exceeded my expectations. If you need a law firm you can trust completely, this is it. Thank you!
BKBryan KingGoogle review · Dec 2025
Clients reach us searching in many ways, for the best vehicular crime lawyer in Arizona, for a DUI or reckless driving attorney, or for help after a hit-and-run or fatal crash. However you found us, Tamou Law Group defends vehicular-crime cases across Phoenix, Scottsdale, Mesa, Tempe, Chandler, Gilbert, Glendale, Peoria, and all of Maricopa County, with representation statewide. Call 623-321-4699 for a free, confidential consultation, 24/7.
Award-Winning Criminal Defense Law Firm
When you are looking for the best Phoenix vehicular crime lawyers, these are the independently verified credentials that matter, earned by Founding Attorney Michael Tamou and a full team of attorneys, including former prosecutors.
Why Tamou Law Group for Criminal Traffic Charges
Reckless driving, criminal speeding, suspended-license and hit-and-run cases are criminal charges with criminal records, and they are often filed on an officer’s estimate and a form. We treat them as the criminal cases they are.
Reckless driving dismissed
Our published results include two reckless driving cases dismissed, a leaving-the-scene case and an unlawful flight case resolved with probation and no jail. These charges are beatable when the stop and the measurement are tested.
Former officers on the defense
Former law enforcement officers on our team have written the same kind of reports the State relies on in these cases. They know what a valid speed measurement requires and what a report leaves out.
License and record protection
A criminal traffic conviction carries points, suspensions and a record that follows you into every job application. We negotiate for the civil or reduced outcome and the MVD consequence at the same time, because the license is often the client’s real concern.
Published results in this area
| Case | Charges | Outcome |
|---|---|---|
| State v. C.K. | Reckless driving and racing on highways (A.R.S. 28-693, 28-708) | Case dismissed |
| State v. O.P. | Reckless driving and criminal damage (28-693, 13-1602) | Case dismissed |
| State v. V.K. | Leaving the scene of an accident and criminal damage (28-661, 13-1602) | Probation, no jail |
| State v. J.R. | Unlawful flight from law enforcement and criminal damage (28-622.01, 13-1602) | Probation, no jail |
| State v. L.N. | Aggravated DUI and unlawful flight (28-1383, 28-622.01) | Probation, no jail |
Anonymized outcomes from our case results page. Every case is different; past results do not guarantee a future outcome.
Arizona Vehicular Crime FAQs
Common questions about driving offenses, fatal crashes, hit-and-run, penalties, and defenses in Arizona.
What is considered a vehicular crime in Arizona?
A vehicular crime is a driving offense that carries criminal penalties, including DUI and aggravated DUI, reckless and aggressive driving, racing, criminal speeding, hit-and-run (leaving the scene), endangerment, and vehicular homicide (negligent homicide, manslaughter, and second-degree murder).
Is a car accident a crime in Arizona?
Not by itself. A genuine accident, without impairment, recklessness, or criminal negligence, is not a crime, even when someone is hurt. The State must prove a culpable mental state, and an independent reconstruction can show the crash was unavoidable.
Why is a fatal crash charged so seriously?
Because a vehicle is treated as a ‘dangerous instrument.’ When a crash causes death, the homicide charge is usually alleged as a dangerous offense under A.R.S. 13-704; if proven, prison is mandatory with no probation. The charge level depends on the driver’s mental state.
What is the difference between manslaughter and negligent homicide in a crash?
Mental state. Manslaughter (A.R.S. 13-1103) requires recklessness, consciously disregarding a substantial risk. Negligent homicide (13-1102) requires criminal negligence, failing to perceive that risk. Moving a case from manslaughter to negligent homicide can cut years off the exposure.
Is hit-and-run a felony in Arizona?
Leaving the scene of a crash is a felony when there is an injury or death (A.R.S. 28-661), regardless of who caused the crash. Leaving the scene of a fatal crash is a Class 2 or 3 felony. Lack of knowledge that a crash or injury occurred can be a defense.
Can reckless driving become a felony?
Not by itself. Reckless driving (A.R.S. 28-693) is a class 2 misdemeanor, and a second offense within 24 months is a class 1 misdemeanor with at least 20 days in jail, but if it causes serious injury or death it can be charged as aggravated assault or vehicular homicide.
What happens to my license after a vehicular crime?
Many vehicular crimes trigger a separate MVD action, suspension or revocation, on top of the criminal case, often with a short deadline to request a hearing. We address both the criminal exposure and your license.
Can a vehicular crime charge be reduced or dismissed?
Often, yes. By attacking causation, the reconstruction, the driver’s mental state, and any DUI evidence, vehicular crimes are frequently reduced, moved down the homicide ladder, or dismissed where causation fails.
Should I talk to police after a serious crash?
No. Provide your license and registration, then politely decline to answer questions and ask for a lawyer. Do not apologize or speculate, even ‘I’m sorry’ can be treated as an admission of fault.
Will I also be sued after a fatal or injury crash?
Usually, yes. A serious crash typically triggers a civil lawsuit in addition to the criminal case, so the two need to be defended in a coordinated way from the start.
Will I get a real attorney or a junior associate?
At many large firms the name on the door is a marketing figurehead and your case goes to a rotating associate. At Tamou Law Group your defense is handled by a full team of experienced attorneys, not associates, including founding attorney Michael Tamou. Call 623-321-4699, 24/7.
Two Arizona Offices, One Team
We serve all of Maricopa County and the surrounding area, with free, confidential consultations 24/7 by phone and in-person meetings at either office by appointment.
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.