Understanding ARS Hit and Run: ARS 28-661 | ARS 28-662 | ARS 28-663
Facing hit and run Arizona charges can be overwhelming. The legal system can feel complex and intimidating. Lawyer Listed provides clear information about the charge and the possible penalties, helping you understand each step of the process.
This guide provides an in-depth examination of the Arizona hit and run laws. It explains key legal terminology, sentencing frameworks, and the broader implications of the following charges:
- Leaving the scene of an accident involving death or physical injury: ARS 28-661
- Leaving the scene of an accident involving damage to an attended vehicle: ARS 28-662
- Leaving the scene of an accident involving damage to an unattended vehicle: ARS 28-664
- Failure to provide information and assistance following an accident: ARS 28-663
Remember, this information is for educational purposes only and is not a substitute for legal advice from an experienced Arizona criminal defense attorney. If you are charged with ARS hit and run, let Lawyer Listed match you with your ideal criminal defense lawyer as soon as possible.
What is Hit and Run Arizona?
If you’re involved in an accident, Arizona hit and run laws require that you stop immediately, stay at the scene, share your information with others involved, and help anyone who is injured. Leaving the scene of an accident in Arizona is a serious crime. The severity of the crime depends on what happened in the accident.
Hit and Run Accidents: Injury or Death
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The most serious hit and run charge involves someone getting hurt or killed in the accident. The law looks at how serious the injury was to determine the severity of the charge:
- Minor Injury (ARS 28-661): If someone suffers a minor physical injury, you must stop your vehicle, give your information to the other people involved in the crash, and provide reasonable help to the injured person. This might mean calling an ambulance or taking them to get medical care. If you fail to comply with these requirements, you could face a class 5 felony charge.
- Serious Injury or Death (ARS 28-661): When an accident results in serious physical injury or death, leaving the scene becomes a significantly more serious offense under Arizona’s hit‑and‑run laws. You have the same duties to stop, provide your information, and give reasonable assistance to anyone who is hurt. The law also considers whether you caused the accident. If you were at fault and leave the scene, it’s a class 2 felony. If you weren’t at fault but still leave, it’s a class 3 felony.
Elements of Leaving the Scene of an Injury or Fatal Accident
To convict you of leaving the scene of an injury or fatal accident, the prosecution must prove three elements beyond a reasonable doubt:
You were driving a vehicle involved in an accident resulting in injury to or death of any person.
You knew, or had reason to know, that someone was injured or killed as a result of the accident (knowledge of the injury).
You failed to:
a. immediately stop the vehicle at the scene of the accident, or as close to the accident scene as possible and immediately return to the accident scene; or
b. remain at the scene of the accident until you fulfilled the duties required by law of a driver involved in an accident resulting in injury or death.
Hit and Run Accidents: Non-Injury
Even when no one gets hurt, hit and run ARS laws still apply, and the penalties are still serious. These accidents fall into two categories:
- Attended Vehicle (ARS 28 662): This means you hit a vehicle with someone inside, but nobody was injured. Under ARS 28-662, you must stop immediately, exchange information with the other driver, and stay at the scene until police arrive. If you leave instead, it’s a class 1 misdemeanor.
- Unattended Vehicle (ARS 28 664): This is when you hit a parked car. Even though no one was there when it happened, you still have legal responsibilities under ARS 28-664. You must stop and either find the owner to give them your contact information or leave your information in a visible spot on the damaged vehicle. If you don’t do this, it’s a class 1 misdemeanor.
Elements of Leaving the Scene of an Accident (Attended Vehicle)
To convict you of leaving the scene of an accident resulting only in damage to a vehicle that is driven or attended by a person, the prosecution must prove two elements beyond a reasonable doubt:
You were driving a vehicle involved in an accident resulting in damage to a vehicle that is driven or attended by a person.
You failed to:
a. immediately stop the vehicle at the scene of the accident, or as close to the accident scene as possible and immediately return to the accident scene; or
b. remain at the scene until you fulfilled the duties required by law of a driver involved in an accident resulting in damage to a vehicle driven or attended by a person.
Elements of Leaving the Scene of an Accident (Unattended Vehicle)
To convict you of leaving the scene of an accident resulting only in damage to an unattended vehicle, the prosecution must prove three elements beyond a reasonable doubt:
- You were driving a vehicle involved in an accident resulting in damage to an unattended vehicle.
- You failed to stop.
- You failed to:
a. locate and notify the operator or owner of the vehicle of your name and address; or
b. leave a written notice with your name and address in a clearly visible place on the damaged vehicle.
Driver’s Duty to Give Information and Assistance
You must comply with each of the following requirements following an accident, regardless of whether it resulted in injury, death, or damage:
- Provide your name and address and the registration number of the vehicle you were driving.
- On request, show your driver’s license to the person you struck, or to the driver, occupants, or attending person of any vehicle involved in the collision.
- Render reasonable assistance to any person injured in the accident, including arranging transportation to a physician, surgeon, or hospital for medical treatment when it is apparent that treatment is necessary or when the injured person requests to be transported.
Key Concepts of Vehicular Homicide
- Accident: Any vehicular incident resulting in damage, injury, or death, whether or not such harm was intended.
- Knowledge of injury: Actual knowledge of an injury to another or possessing knowledge that would lead to a reasonable anticipation that such injury had occurred. In other words, you knew or should have known that an injury resulted from the accident.
- Physical injury: Any impairment of physical condition.
- Serious physical injury: Physical injury that creates a reasonable risk of death, or that causes serious and permanent disfigurement, serious impairment of health, or loss or protracted impairment of the function of any bodily organ or limb.
Arizona Statute of Limitations for ARS Hit and Run
The statute of limitations is the deadline for prosecutors to file criminal charges after an alleged offense. In ARS hit and run cases, the time limit depends on how the offense is classified. If the case is a misdemeanor, prosecutors must file charges within one year of the incident. If the case is a felony, prosecutors have up to seven years from the date of the crime.
Sentencing for Arizona Hit and Run
The penalties for ARS hit and run are substantial and can have long‑lasting effects. Sentences vary based on your criminal history and the facts of the case. Understanding these consequences helps you make informed decisions about your defense.
| Offense | ARS | Class | Jail/Prison | Probation (max) |
|---|---|---|---|---|
| Leaving the scene: Unattended vehicle | ARS 28-664 | Class 1 Misdemeanor | Jail: up to 6 months | 3 years |
| Leaving the scene: Attended vehicle | ARS 28-662 | Class 1 Misdemeanor | Jail: up to 6 months | 3 years |
| Leaving the scene: Failure to provide information | ARS 28-663 | Class 1 Misdemeanor | Jail: up to 6 months | 3 years |
| Leaving the scene: Failure to provide aid | ARS 28-663 | Class 6 Felony | Prison: 4 months – 2 years | 3 years |
| Leaving the scene: Minor injury | ARS 28-661 | Class 5 Felony | Prison: 6 months – 2.5 years | 3 years |
| Leaving the scene: Serious injury (not at-fault) | ARS 28-661 | Class 3 Felony | Prison: 2 – 8.75 years | 5 years |
| Leaving the scene: Serious injury (at-fault) | ARS 28-661 | Class 2 Felony | Prison: 3 – 12.5 years | 7 years |
Frequently Asked Questions (FAQs)
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Key Takeaways:
- Definition: Arizona hit and run laws require drivers involved in any accident to stop, remain at the scene, provide their information, and render reasonable assistance to anyone who is injured. These requirements apply whether the accident happened on public roads or private property. Failing to meet these requirements is a crime under the Arizona hit and run laws.
- Arizona Leaving the Scene of an Accident:
- Accidents Involving Death or Physical Injuries (ARS 28-661): Leaving the scene when someone suffers a minor injury is a class 5 felony. When the accident causes serious injury or death, it is either a class 2 felony (if you were at fault) or a class 3 felony (if you weren’t at fault).
- Accidents Involving Damage to Attended Vehicle (ARS 28-662): Leaving the scene after hitting a vehicle with passengers inside is a class 1 misdemeanor.
- Accidents Involving Damage to Unattended Vehicle (ARS 28-664): Leaving the scene after hitting an unoccupied vehicle is a class 1 misdemeanor.
- Duty to Give Information and Assistance (ARS 28-663): It is a class 1 misdemeanor if you fail to provide the required information following an accident. Failing to provide aid to someone who needs it is a class 6 felony.
- Sentencing: Hit and run charges in Arizona range from misdemeanors to serious felonies. The level of the offense, and the penalties you face, depend on the severity of the accident and the resulting harm. Consequences can include driver‑license revocation, fines, jail time, and prison time.
- Statute of limitations: Misdemeanor hit and run must be charged within one year of the incident. Felony hit and run can be charged up to seven years after the incident.
Next Steps:
Hit and run Arizona charges are serious criminal allegations with consequences that can affect the rest of your life. Outcomes depend on many factors. Lawyer Listed meets you where you are and helps you understand the law and your rights.
If you’re facing charges for leaving the scene of an accident in Arizona under ARS 28-661, ARS 28-662, ARS 28-663, or ARS 28-664, engaging a skilled criminal defense attorney is important to protect your rights and manage the process. Don’t try to navigate the legal system alone; match with your ideal lawyer at LawyerListed.com and get an experienced criminal defense lawyer on your side right away.