Understanding Hit and Run Arizona Laws: Leaving the Scene of an Accident
Facing Arizona hit and run charges is overwhelming. The legal system is complex and can be intimidating. Understanding the specifics of the crime and the potential penalties if convicted are important steps in navigating the legal system.
This guide provides a detailed overview of Arizona revised statutes leaving the scene of an accident.
It explains:
- Accidents involving death or physical injuries: ARS 28-661
- Accidents involving damage to attended vehicle: ARS 28-662
- Accidents involving damage to unattended vehicle: ARS 28-664
- Duty to give information and assistance: ARS 28-663
Along with key terms, this guide provides insight into the sentencing guidelines for each of the hit and run charges Arizona. It also answers frequently asked questions about leaving the scene of an accident Arizona.
Remember, this information is for educational purposes only and is not a substitute for legal advice from an experienced Arizona hit and run defense lawyer. If you are charged with leaving the scene of an accident in Arizona, consult with a qualified hit and run Arizona attorney as soon as possible.
What is Hit and Run Arizona?
Arizona hit and run laws require that you immediately stop, remain at the scene, and provide driver information and assistance as needed. Leaving the scene of an accident in Arizona is a serious crime. The severity of the crime depends on the specific circumstances of the accident.
Hit and Run Accidents: Injury or Death
Leaving the scene of an accident involving injury or death carries severe consequences because of the seriousness accident. The severity of this crime is determined by the extent of the injury:
- Minor Injury (ARS 28-661): In accidents resulting in minor physical injury, you’re obligated to stop, provide information, and render reasonable assistance to the injured person. This can involve arranging for transport to a doctor or medical facility. Failing to comply with these requirements constitutes a class 5 felony.
- Serious Injury or Death (ARS 28-661): Accidents resulting in serious injury or death is an extremely serious offense. In these types of accidents, you have the same obligations to stop, provide required information, and render reasonable assistance to injured persons. If you’re at fault in the accident, leaving the scene is a class 2 felony. If you’re not at fault in the accident, leaving the scene is a class 3 felony.
Hit and Run Accidents: Non-Injury
Leaving the scene of an accident in Arizona that involves no injuries is less severe than those involving injuries but leaving the scene of any accident is a serious crime. Non-injury hit and runs fall under the following categories:
- Attended Vehicle (ARS 28-662): This involves hitting a vehicle with an occupant present, but without resulting injuries. The law requires you to stop immediately, exchange information with the other driver, and remain at the scene until law enforcement arrives. Leaving the scene under these circumstances is a class 1 misdemeanor.
- Unattended Vehicle (ARS 28-664): This applies to hitting a parked car. Even though there’s no immediate contact with another person, your legal responsibility remains. The law requires you to stop and either (1) locate the owner and provide your contact information or (2) leave this information conspicuously on the damaged vehicle. Failing to fulfill these obligations is a class 1 misdemeanor.
Sentencing for Leaving the Scene of an Accident:
The penalties for leaving the scene of an accident in Arizona are severe. The class of crime is determined by the severity of the incident and whether you were at fault. The following table summarizes the potential sentences:
Offense | ARS | Class | Jail/Prison |
---|---|---|---|
Leaving the scene: Unattended Vehicle | ARS 28-664 | Class 1 Misdemeanor | Jail (max): 6 months |
Leaving the scene: Attended Vehicle | ARS 28-662 | Class 1 Misdemeanor | Jail (max): 6 months |
Leaving the scene: Failure to Provide Information | ARS 28-663 | Class 1 Misdemeanor | Jail (max): 6 months |
Leaving the scene: Failure to Provide Aid | ARS 28-663 | Class 6 Felony | Prison: 4 months – 1 year |
Leaving the scene: Minor Injury | ARS 28-661 | Class 5 Felony | Prison: 6 months – 2 years |
Leaving the scene: Serious Injury (Not At-Fault) | ARS 28-661 | Class 3 Felony | Prison: 2 – 7 years |
Leaving the scene: Serious Injury (At-Fault) | ARS 28-661 | Class 2 Felony | Prison: 3 – 10 years |
Frequently Asked Questions:
This involves taking steps to ensure the safety and well-being of anyone injured in the accident. This might include calling emergency services or arranging for transportation to a hospital.
Hit and run Arizona laws still apply whether the accident occurred on public or private property. The location of the accident doesn't change your obligations following the accident.
While the court may consider your state of mind during sentencing, it does not excuse your failure to comply with the law.
Yes. If you are convicted of leaving the scene of a serious physical injury accident, your license will be revoked for 5 years. If you are convicted of leaving the scene of an accident resulting in death, your license will be revoked for 10 years. Both revocation periods do not include any time you are incarcerated.
The sentence imposed for leaving the scene of an accident involving injuries must be served consecutively to the sentence imposed for any other charges related to the accident. In other words, the sentences must be served one after the other rather than at the same time.
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Key Takeaways:
- Definition and Scope: Arizona hit and run laws require drivers involved in an accident to stop, remain at the scene, provide information, and render reasonable assistance regardless of whether the accident occurred on public or private property. Failure to comply with these requirements is a crime.
- Arizona Revised Statutes Leaving the Scene of an Accident:
- Accidents Involving Death or Physical Injuries (ARS 28 661): Leaving the scene of an accident with minor injury results in a class 5 felony. Leaving the scene of an accident with serious injury or death results in a class 2 or class 3 felony depending upon whether the accident was your fault.
- Accidents Involving Damage to Attended Vehicle (ARS 28 662): Leaving the scene of an accident involving a vehicle with a passenger(s) is a class 1 misdemeanor.
- Accidents Involving Damage to Unattended Vehicle (ARS 28 664): Leaving the scene of an accident with an unoccupied vehicle is a class 1 misdemeanor.
- Duty to Give Information and Assistance (ARS 28 663): Failing to provide required information is a class 1 misdemeanor. Failing to provide aid is a class 6 felony.
- Sentencing: The crime of hit and run Arizona ranges from a misdemeanor offense to a felony offense. The class of crime and associated punishment is determined by the severity of the accident and who was at fault. Sentencing for these crimes may include revocation of your driver’s license, fines, jail time and/or prison.
Next Steps:
Hit and run Arizona is a serious crime with serious consequences. The charges and the resulting sentence depend on many factors. You need to understand the law and your rights to effectively get through this difficult situation.
If you’re facing leaving the scene of an accident in Arizona charges, under ARS 28 661, ARS 28 662, ARS 28 663, ARS 28 664, engaging a skilled hit and run Phoenix Arizona criminal defense attorney is essential to protect your rights and manage the process. Don’t try navigating the legal system alone; get an experienced criminal defense lawyer on your side right away.