Arizona Vehicular Crimes Lawyers

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 become dangerous offenses with mandatory flat-time 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 becomes a dangerous offense with flat-time prison, no probation.
• 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, and repeat or injury cases become felonies.
• 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.

On This Page

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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 become dangerous offenses under A.R.S. § 13-704, carrying flat-time 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 criminal misdemeanor, and becomes a felony on repeat offenses or where serious injury results. 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 (A.R.S. § 28-662) or death (§ 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.

⚠ A Vehicle Is a “Dangerous Instrument”

When a crash causes death or serious injury, the car makes it a dangerous offense under A.R.S. § 13-704, removing probation and requiring the sentence to be served day-for-day. 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.

After reviewing your case, we will explain which defenses apply and the best path forward.

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.

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.

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.