Drivers involved in a collision in Arizona have a legal obligation to stay at the scene, share information, and produce their driver’s license, if asked. If there is an injury, drivers must provide appropriate aid, assist in the coordination of medical transportation, and notify police accordingly. Failure to do so may result in a criminal charge under Arizona hit and run laws.

If you’re arrested for a hit and run in Arizona, you have the right to fight those charges. You need an experienced and dedicated Phoenix hit and run attorney on your side to help you mitigate the effects of the charge. Belén Olmedo Guerra of Belén Law Firm will examine the facts of your case to ensure that all available defenses are presented on your behalf in an effective and efficient manner. 

To schedule a consultation, call 602-715-0908 as soon as possible; there’s no time to waste!

What Happens if You Hit and Run in Arizona?

When a motorist hits another automobile, person, or property with their car and then flees the scene, this is a hit and run accident. In Arizona, a driver is legally required to stop and take certain necessary actions after any type of accident. As such, a person who flees the scene of an accident without stopping to complete these actions may face hefty fines and prison time. 

A driver may flee the scene of an accident for a variety of reasons. The following are some of the most prevalent: 

  • Motorist is either inebriated or under the influence of narcotics (DUI in Arizona).
  • They were driving with a suspended license.
  • They have an arrest warrant.
  • The driver is not covered by auto insurance.
  • They are driving a stolen vehicle.

Is Hit and Run a Felony?

Hit-and-runs are serious violations that can result in penalties ranging from a misdemeanor to a felony charge. Essentially, what it comes down to is whether or not there were injuries. When there is an injury resulting from a hit and run accident, the driver faces felony charges. When there are no injuries following a hit and run, the driver typically receives a misdemeanor. 

Arizona provides specific statutes for the circumstances surrounding the hit and run accident that dictates which scenarios qualify as a felony and which do not. These can be found in ARS 28-661, 662, 663, 664, 665, and 666.

ARS 28-661 – 666

You can find Arizona hit and run laws under Arizona’s Revised Statutes sections 28-661 through 28-666. Each section provides the responsibilities of a driver when they have hit either a person, property, or another car, whether attended or unattended. We will further break down each of these statutes below.

ARS 28-661

This section states the following:

A driver involved in an accident resulting in death or serious physical injury and who fails to stop is guilty of a class 3 felony, except that if the driver was responsible for the accident, in which they are guilty of a class 2 felony.

A driver involved in an accident resulting in an injury other than death or serious physical injury and who fails to stop is guilty of a class 5 felony.

ARS 28-662

This section states the following:

The driver of a vehicle involved in an accident resulting only in damage to a vehicle driven or attended by another person must: 

  • Immediately stop the vehicle at the scene of the accident or as close to the accident scene as possible.
  • Remain at the scene of the accident until the driver has fulfilled the requirements of section 28-663.
  • Make the stop without obstructing traffic more than is necessary.

ARS 28-663

This section states the following:

The driver of a vehicle involved in an accident resulting in injury, death, or damage to a vehicle driven or attended by another person must:

  • Give their name, address, and the registration number of the vehicle they are driving. 
  • Upon request, provide driver’s license to the person struck, the other driver, or occupants of the hit vehicle.
  • Render reasonable assistance to a person injured in the accident. This includes making arrangements for any necessary medical treatment.

ARS 28-664

This section states the following:

The driver of a vehicle that collides with an unattended vehicle should immediately:

  • Stop.
  • Either locate and notify the vehicle owner of their name and address OR leave a written notice with their name and address.

ARS 28-665

This section states the following:

The driver of a vehicle involved in an accident resulting only in damage to fixtures or other property legally on or adjacent to a highway must:

  • Take reasonable steps to locate and notify the person in charge of the property of:
  • Facts of the accident;
  • Name and address of the driver;
  • Vehicle registration number.
  • Upon request, provide driver’s license. 

ARS 28-666

This section states the following:

The driver of a vehicle involved in an accident resulting in injury to or death of a person shall give notice of the accident immediately by the quickest means of communication, whether oral or written, to either:

  • The local police department.
  • Office of the county sheriff.
  • Nearest highway patrol office.

Penalty for Hit and Run: No Injuries

When no injuries result from the hit and run, you can expect a much less severe charge than if someone were to suffer injuries. Here are the penalties for a hit and run accident with no injuries: 

Damage to Non-Vehicle Property

Class 3 Misdemeanor. Maximum penalty includes 30 days in jail, 1 year probation, and a $500 fine plus surcharges.

Damage to Parked Vehicle

Class 3 Misdemeanor. Maximum penalty includes 30 days in jail, 1 year probation, and a $500 fine plus surcharges.

Damage to Vehicle but No Resulting Injury

Class 2 Misdemeanor. Maximum penalty includes 4 months in jail, 2 years of probation, and a $750 fine plus surcharges.

Penalty for Hit and Run: Injuries

Here are the penalties for a hit and run accident resulting in another’s injuries. 

Accident Resulting in Non-Serious Injury

Class 5 Felony. Maximum penalty includes 2.5 years in prison (more if you have a prior felony conviction) and loss of driver’s license for 3 years.

Accident Resulting in Serious Injury or Death (Not Your Fault)

Class 3 Felony. Maximum penalty includes 8.75 years (more if you have a prior felony conviction) and loss of driver’s license for 5 years.

Accident Resulting in Serious Injury or Death (Your Fault)

Class 2 Felony. Maximum penalty includes 12.5 years (more if you have a prior felony conviction) and loss of driver’s license for 10 years.

Phoenix Hit and Run Defense Attorney

Belén Olmedo Guerra knows the ramifications of a hit and run conviction and how severely something like this can influence your life and future. She has defended the rights of several clients accused of hit-and-runs and has a successful track record for having cases dismissed, dropped, or reduced. At Belén Law Firm, we’ll apply our expansive knowledge of Arizona hit and run laws and experience in the courtroom to your case to ensure you get the best possible outcome. If you’ve fled the scene after an accident, you need to act FAST. Call our skilled Phoenix hit and run defense attorney today at 602-715-0908 or complete our online intake form to schedule your consultation.