Leaving the Scene of an Accident / Hit and Run

Arizona Hit and Run Accident Laws – 2022

Phoenix Leaving the Scene of an Accident Defense Attorney, Sheena Lemmons

It is a common occurrence in busy Phoenix, Arizona to see vehicles pulled off the side of the road following an accident during your commute. Being involved in an accident is certainly stressful and can result in injury or even death. Here you can find information on a driver’s duties after being involved in a vehicular accident in Arizona.

If you are in involved in an accident, did you know that you have a duty to stop and provide certain information and medical aid? Failure to do so can lead to being arrested for leaving the scene of an accident, or failing to comply with your duty to provide information and aid.

These are serious charges that can lead to a felony conviction and driver’s license revocation. For example, if the person who caused the accident leaves the scene and the victim is seriously injured or killed in the accident, a conviction results in a class 2 felony which carries up to 12.5 years in prison.

With so much at stake, it is very important to contact a local, aggressive criminal defense attorney to represent you. If you or a loved one are in need of Leaving the Scene of an Accident Defense in Maricopa County including Phoenix, the metro Phoenix area, Scottsdale, Tempe, Mesa, Chandler, Gilbert, Ahwatukee, then contact Sheena Lemmons, hit and run accident defense attorney for a free consultation.

Sheena Lemmons is skilled at defending criminal charges of leaving the scene of an accident and will relentlessly defend your case. Our goal is to leave no stone unturned and challenge the state’s evidence against you to get the best results possible for you and your family.

We will start defending your case immediately after you hire us! We will fight for you.

What is Leaving the Scene of an Accident in Arizona?

A charge for leaving the scene of an accident is also known as hit and run or failure to stop at the scene.

A driver involved in a vehicular accident with an occupied vehicle has a duty to immediately stop at the scene of the accident and render required information and reasonable assistance to the injured.

There are two different statutes defining leaving the scene of an accident:

• Accidents Involving Death or Physical Injuries A.R.S. 28-661 (2022)
• Accidents Involving Damage to an Occupied Vehicle A.R.S. 28-662 (2022)

Leaving the scene of accidents involving death or physical injuries results in serious felony charges whereas accidents involving only damage to a vehicle is a misdemeanor.

Example: A driver is sleepy while approaching a red light and fails to stop. The driver hits the vehicle parked at the light from behind. Instead of stopping, the driver steers around the car and speeds off. If the driver of the vehicle that was hit was seriously physically injured, the driver at fault will be charged with felony hit and run (or felony leaving the scene of an accident). The driver will likely be charged with failing to comply with their duty to stop and render information and reasonable medical aid as well.

Requirements of Accidents Involving Death or Physical Injuries A.R.S. 28-661

The driver of a vehicle involved in an accident on public or private property resulting in injury to or death of a person must:

1. Immediately stop the vehicle at the scene of the accident or as close to the accident scene as possible but must immediately return to the accident scene.
2. Remain at the scene of the accident until the driver has provided their name, address, registration, and reasonable assistance to the injured.

For accidents without physical injury or death, but only damage to an occupied vehicle, a person is required to make the stop without obstructing traffic more than is necessary.

A Driver’s Duty to Give Information and Aid After Vehicular Accident in Arizona A.R.S. 28-663 (2022)

If you are involved in a vehicular accident, you are required to immediately stop and provide:

1. The driver’s name,
2. Address, and
3. Registration number of the vehicle the driver is driving.

If requested, the driver must produce their driver license to the person struck, their occupants, or the person attending the vehicle.

You must also provide reasonable assistance to a person injured in the accident. You must assist with arranging for their transport to a medical care facility if it is apparent that they require treatment, or if the injured person requests it.

Penalties for Leaving the Scene of an Accident in Arizona

The consequences for a conviction for hit and run / leaving the scene of an accident varies depending on the severity of physical injury to the victim or whether the accident involved only damage to an occupied vehicle.

A felony leaving the scene of an accident conviction results in the revocation of your driver’s license for at least five (5) years, after release from incarceration. Alcohol and/or drug screening is required for any incidents where the driver was impaired by alcohol or drugs as a condition for driver license reinstatement. The state may also charge the person with DUI.

In Arizona, a conviction stays on a person’s criminal record forever. This can have negative implications on your life. A felony conviction can cause a person to lose their job, cause ineligibility for loans or government assistance, disqualify you from professional licensing and loss of a person’s civil rights.

If you have questions and want to speak with a skilled Phoenix DUI & Leaving the Scene of an Accident Attorney, contact Sheena Lemmons at Civil Rights Restored at (480) 759-7479.

Failure to Comply With the Duty to Give Information and Aid Under A.R.S. 28-663

The penalty for failing your duty to provide your information and driver’s license is a class 1 misdemeanor, punishable by up to six (6) months jail, a $2,500 fine, and three (3) years probation.

The penalty for failing your duty to render reasonable medical assistance and medical transport to a person injured in the accident is a class 6 felony, punishable by up to two (2) years prison, three (3) years probation.

Misdemeanor Leaving the Scene of an Accident / Hit and Run A.R.S. 28-662

If you are convicted of misdemeanor failure to stop / leaving the scene of an accident involving only damage to the occupied vehicle struck (no physical injuries), the statutory consequences are:

1. Class 1 misdemeanor
   • a. Up to 6 months jail
   • b. Up to $2,500 fine
   • c. Up to 3 years probation
2. 1 year driver license suspension

Felony Leaving the Scene of an Accident / Hit and Run A.R.S. 28-661

If you are convicted of felony failure to stop or comply and the accident involves death or physical injuries, the penalties depend on a few factors:

• Accident Resulting in Death and the Driver Fails to Stop or to Comply with the Duty to Provide Information or Aid:
  • Class 3 felony
    • 2 – 8.75 years prison term
    • 10 years driver license revocation, AFTER released from incarceration
  • Class 2 felony if the driver caused the accident
    • 3 – 12.5 years prison term
    • 10 years driver license revocation, AFTER released from incarceration
  • Restricted driver’s license: You may apply for a restricted driver permit after serving five (5) years of the revocation period (not including any time during incarceration)
• Accident Resulting in Serious Physical Injury and the Driver Fails to Stop or to Comply with the Duty to Provide Information or Aid:
  • Class 3 felony
    • 2 – 8.75 years prison term
    • 5 years driver license revocation, AFTER released from incarceration
  • Class 2 felony if the driver caused the accident
    • 3 – 12.5 years prison term
    • 5 years driver license revocation, AFTER released from incarceration
• Accident Resulting in an Injury Other than Death or Serious Physical Injury and the Driver Fails to Stop or to Comply with the Duty to Provide Information or Aid:
  • Class 5 felony
    • 0.5 – 2.5 years prison term
    • 3 years probation
    • 3 years driver license revocation

The foregoing sentencing guidelines are provided for informational purposes only from statute and via the Arizona Supreme Court Criminal Code Sentencing Provisions 2021-2022 for a first-offense. Note: If you have one or more prior offenses, the sentencing will be more harsh.

Ready to Build Your Defense?

We are dedicated to providing you the best defense possible and will provide excellent representation for your case for hit and run in Maricopa County, Arizona. What we do is we will review all of the discovery in your case, interview all of the relevant witnesses and officers involved, find any Constitutional violations, statutory violations, errors in policy and procedure, and challenge the state’s evidence against you.

Our mission is to weaken and undermine the state’s casle and try for dismissal, reduced charges, and mitigated damages. Your first consultation with us is free. Let us review your case.

If you are ready to begin resolving this case and want to talk with a skilled Scottsdale Leaving the Scene of an Accident Lawyer, contact Sheena Lemmons at Civil Rights Restored at (480) 759-7479 for a free consultation or use the web form.