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What Are Arizona’s Hit and Run Laws?

What Are Arizona's Hit and Run Laws?

Michael Tamou, Arizona criminal defense attorney

Michael Tamou

Founding Attorney · Criminal Defense

5.0 · Criminal Defense

Leaving the scene of a crash — even a minor one — can turn a traffic accident into a criminal charge in Arizona — here’s what the law requires, and how it’s defended.

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Michael Tamou, Arizona criminal defense attorney

Michael Tamou

Founding Attorney · Criminal Defense

★★★★★ 5.0 · Criminal Defense

Written and legally reviewed by Michael Tamou, Founding Attorney of Tamou Law Group, PLLC.

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Navigating the Legal Maze: Hit and Run Laws in Arizona

Introduction

Imagine you’re driving down the picturesque streets of Arizona, enjoying the breathtaking scenery when suddenly, you find yourself in a hit and run accident. You’re left shocked, possibly injured, and your vehicle damaged. In such a situation, it’s crucial to understand Arizona’s hit and run laws and what steps you should take. In this blog, we’ll delve into the key aspects of hit and run laws in Arizona and how they can affect you.

The Legal Framework

Arizona has strict laws in place to address hit and run accidents. Two key statutes govern hit and run offenses in the state:

  1. ARS § 28-661: Duty to Give Information and Render Aid: This statute mandates that any driver involved in an accident resulting in injury or death must immediately stop at the scene and provide their name, address, and vehicle registration number to the other party involved. Additionally, they must render reasonable assistance to anyone injured in the accident, including seeking medical help if necessary.
  2. ARS § 28-662: Accidents Involving Damage to Vehicle or Property: This statute applies to accidents that cause damage to a vehicle or property but no injury or death. It requires drivers to stop at the scene, locate and notify the owner of the damaged property, or leave a written notice with their contact information.

Understanding the Penalties

Understanding the potential consequences of violating these hit and run laws is essential. The severity of penalties varies depending on the circumstances of the accident and the harm caused. Here’s a breakdown:

  1. Class 2 Misdemeanor: If you fail to stop and provide information after an accident resulting in only vehicle damage, you could face a Class 2 misdemeanor charge. This can lead to fines, probation, and even jail time.
  2. Class 5 Felony: If the accident involves injury or death, and you fail to stop and render aid, you may be charged with a Class 5 felony. Felony convictions can lead to significant fines and imprisonment, not to mention the long-term impact on your criminal record.
  3. Civil Liability: In addition to criminal penalties, you can also be held civilly liable for the damages caused by the accident. This can result in financial compensation for the victim(s) to cover medical expenses, property damage, and other losses.

Steps to Take After a Hit and Run

If you find yourself in a hit and run accident, it’s crucial to act responsibly and within the confines of the law:

  1. Safety First: Ensure the safety of everyone involved in the accident, including yourself. Seek medical attention for any injuries.
  2. Report to Authorities: Immediately contact the local law enforcement agency and provide as much information as possible about the incident, such as the make and model of the vehicle, license plate number (if available), and a description of the driver.
  3. Document the Scene: Take photographs of the accident scene, damage to your vehicle, and any visible injuries. This documentation can be invaluable when dealing with insurance claims and legal matters.
  4. Witness Statements: If there are witnesses, obtain their contact information and statements about what they saw.
  5. Contact Your Insurance Company: Notify your insurance company about the accident and follow their instructions for filing a claim.
  6. Consult an Attorney: It’s advisable to consult with an experienced attorney who can help you navigate the legal process and protect your rights.

Conclusion

In Arizona, hit and run accidents are treated seriously, and the consequences for violating the law can be severe. It’s essential to understand your legal obligations and the potential penalties associated with hit and run offenses. If you ever find yourself in such a situation, seeking legal counsel is a wise step to protect your rights and interests.If you have questions or need assistance regarding hit and run accidents in Arizona, contact Tamou Law Group PLLC at 623-321-4699. Our experienced legal team is here to help you navigate the complexities of the law and ensure the best possible outcome for your case. Don’t hesitate to reach out; we’re here to support you during challenging times.

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Common Questions

Frequently Asked Questions

Is a hit and run a felony in Arizona?

A hit and run is a felony in Arizona when the accident involves injury or death, charged under A.R.S. 28-661 as a class 2, 3, or 5 felony depending on severity. Leaving the scene of an accident causing only vehicle or property damage is a class 2 misdemeanor under A.R.S. 28-662.

How much jail time can you get for a hit and run in Arizona?

Jail time for an Arizona hit and run ranges from up to four months for a class 2 misdemeanor to as much as 12.5 years in prison for a class 2 felony involving a death the driver caused. Sentences depend on injuries, prior convictions, and whether you were at fault.

Will I lose my license after a hit and run in Arizona?

Yes, a hit and run conviction involving injury or death requires the Arizona MVD to revoke your driver’s license for five years, or up to ten years if someone died. Even misdemeanor convictions add points to your record and can trigger suspension or higher insurance rates.

What should you do if someone hits your car and drives away in Arizona?

Call 911 immediately, note the vehicle’s make, model, and plate number if possible, photograph the scene and damage, and collect witness contact information. Then report the hit and run to your insurance company, since uninsured motorist coverage often pays when the driver is never identified.

How long can you be charged after a hit and run in Arizona?

Arizona prosecutors have one year to file misdemeanor hit and run charges and seven years to file felony charges involving injury or death. The clock can pause if your identity is unknown, so charges may still arrive long after the accident.

Do you have to stop if you hit a parked or unattended car in Arizona?

Yes, A.R.S. 28-664 requires a driver who hits an unattended vehicle to stop, locate the owner, or leave a written notice with their name and address on the car. Driving away without doing so is a class 3 misdemeanor punishable by fines and up to 30 days in jail.

Can hit and run charges be reduced or dismissed in Arizona?

Yes, hit and run charges can be reduced or dismissed when the defense shows you were unaware an accident occurred, you were not the driver, or you left to get emergency help. Early intervention by a defense attorney can sometimes resolve the case before felony charges are filed.

Should I talk to a lawyer before turning myself in for a hit and run in Arizona?

Yes, always speak with a criminal defense attorney before contacting police about a hit and run, because anything you say can establish you as the driver. A lawyer can arrange your statement, protect your rights, and often reduce the charges. Call 623-321-4699, 24/7.

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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.

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