Arizona law imposes strict duties on drivers involved in accidents—duties that apply regardless of who caused the crash. Leaving the scene without stopping, exchanging information, and rendering aid (when injuries occur) constitutes a criminal offense. Penalties range from misdemeanor for property damage to serious felony charges when injury or death results. Many hit and run charges stem from panic decisions made in seconds that create lasting legal consequences.
Attorney Josh represents clients throughout Arizona facing hit and run charges.
Duty to Stop and Render Aid (ARS § 28-661)
Accidents Involving Death or Injury
The driver of a vehicle involved in an accident resulting in injury or death must:
- Immediately stop at the scene or as close as safely possible
- Remain at the scene until required duties are fulfilled
- Give information:
- Name and address
- Vehicle registration number
- Driver’s license (upon request)
- Render reasonable assistance to any injured person, including:
- Calling for emergency medical services
- Transporting to medical facility (if transport is possible and appropriate)
- Providing basic first aid if capable
Accidents Involving Only Vehicle Damage
Same duties apply (stop, information exchange) except:
- May move vehicles if they obstruct traffic
- Rendering medical aid not applicable
Hit and Run Classifications and Penalties
Leaving Scene — Property Damage Only (ARS § 28-661)
| Classification | Maximum Jail | Maximum Fine |
| Class 2 Misdemeanor | 4 months | $750 |
Leaving Scene — Injury (ARS § 28-661)
| Classification | Prison Range (First Offense) |
| Class 5 Felony | 6 months – 2.5 years |
Probation available for first offenses.
Leaving Scene — Death (ARS § 28-661)
| Classification | Prison Range (First Offense) |
| Class 3 Felony | 2.5 – 8.75 years |
Aggravating factors can increase sentence to maximum of 8.75 years.
Prior Felony Enhancement
| Prior Felonies | Class 5 (Injury) | Class 3 (Death) |
| 1 prior | 1 – 3.75 years | 3.5 – 16.25 years |
| 2+ priors | 3 – 7.5 years | 7.5 – 25 years |
Failure to Give Notice (ARS § 28-662)
Unattended Vehicle or Property Damage
When an accident involves damage to an unattended vehicle or property, the driver must:
- Stop immediately
- Locate and notify the owner or operator
- If owner cannot be found: Leave written notice in a conspicuous place containing:
- Name and address
- Registration number of vehicle
- Statement of circumstances
Violation: Class 2 Misdemeanor (4 months jail, $750 fine)
Duty to Report (ARS § 28-663)
Driver must immediately report to police any accident involving:
- Death or injury
- Apparent property damage of $2,000 or more
Required Duties Summary
| Accident Type | Stop | Exchange Info | Render Aid | Report to Police |
| Property damage | ✓ | ✓ | — | If $2,000+ |
| Unattended vehicle | ✓ | ✓ (or leave note) | — | If $2,000+ |
| Injury | ✓ | ✓ | ✓ | ✓ |
| Death | ✓ | ✓ | ✓ | ✓ |
Common Hit and Run Scenarios
Parking Lot Incidents
- Backing into parked vehicles
- Door dings causing damage
- Clipping vehicles in tight spaces
- Unable to locate vehicle owner
These are typically misdemeanors but still create criminal records.
Freeway and Highway Accidents
- Sideswipes at speed
- Lane change collisions
- Multi-vehicle accidents
- Fear of stopping in traffic
Higher speeds often mean greater injuries and felony charges.
Pedestrian and Cyclist Accidents
Among the most serious hit and run cases:
- Pedestrians in crosswalks
- Cyclists on roadways
- Typically felony charges
- Intensive investigation
DUI-Related Hit and Run
Leaving scene to avoid DUI investigation:
- Doesn’t prevent DUI charges
- Adds hit and run charges
- May show consciousness of guilt
- Aggravating factor at sentencing
Why People Leave Accident Scenes
Understanding the reasons helps build defense strategies:
- No knowledge of accident — Didn’t feel minor impact
- Panic and fear — Especially if alcohol involved
- No visible damage at the time
- Traffic danger — Unsafe to stop
- Fear of confrontation with other driver
- Intended to return or report later
- Language barriers — Confused about requirements
- Medical emergency — Needed immediate care
While these don’t excuse leaving, they provide context for defense and mitigation.
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Defense Strategies
No Knowledge of Accident
If you genuinely didn’t know an accident occurred:
- Minor impact not felt
- Road noise masked contact
- No indication of collision
- Damage discovered later
Emergency / Duress
Leaving was necessary:
- Dangerous location
- Threatening behavior
- Medical emergency
- Fear for safety
Intent to Comply
You intended to fulfill duties:
- Moved to safe location then reported
- Made reasonable efforts to find owner
- Left note that was removed
- Reported promptly to police
Challenging Identification
- Witness identification unreliable
- Surveillance unclear
- Forensic evidence inconclusive
- Multiple people had vehicle access
Constitutional Violations
- Improper investigation
- Miranda violations
- Unlawful vehicle search
- Coerced statements
Investigation and Evidence
How Police Investigate
- Witness statements and descriptions
- Surveillance video (traffic cameras, businesses, doorbell cameras)
- Vehicle debris at scene (paint, glass, plastic)
- Damage pattern matching
- License plate identification
- Cell phone and GPS records
- Social media posts
Evidence That May Help Defense
- Vehicle condition (lack of consistent damage)
- Alibi evidence
- Alternative explanations for damage
- Witness testimony supporting your account
Serious Charges.
Collateral Consequences
License Consequences
Hit and run convictions trigger MVD action:
- License suspension or revocation
- Points on driving record
- SR-22 insurance requirement
Insurance Impact
- Policy cancellation
- Premium increases
- Difficulty obtaining coverage
- Claims denied
Civil Liability
Criminal charges don’t resolve civil claims:
- Victims may sue for damages
- Criminal conviction admissible in civil case
- Separate insurance claims
Employment
Affects jobs involving:
- Commercial driving (CDL)
- Driving requirements
- Clean record requirements
Frequently Asked Questions
Is hit and run a felony in Arizona?
Property-damage-only hit and run is a Class 2 Misdemeanor. Hit and run involving injury is a Class 5 Felony. Hit and run involving death is a Class 3 Felony.
What if I didn’t know I hit something?
Lack of knowledge is a valid defense. If you genuinely didn’t know an accident occurred due to minor impact or other circumstances, this can challenge the charges.
Should I turn myself in after leaving a scene?
This decision should involve an attorney. Turning yourself in demonstrates responsibility but creates opportunities for admissions. Contact an attorney before speaking with police.
What are my duties if I hit a parked car?
You must stop, attempt to find the owner, and if unable to find them, leave a written note with your name, address, vehicle information, and circumstances of the accident.
Can hit and run charges be reduced?
Yes. Depending on circumstances and evidence, felony charges may be reduced to misdemeanors, or charges may be dismissed entirely through negotiation or successful defense.
Will I go to prison for hit and run?
For misdemeanor hit and run, jail is possible but prison is not. For felony hit and run involving injury, prison is possible but probation may be available. For hit and run involving death, prison is likely.
Does hit and run affect my driver’s license?
Yes. Convictions typically result in license suspension or revocation, points on your record, and SR-22 insurance requirements.
Hit and Run Defense Throughout Arizona
Hit and run charges carry serious consequences from misdemeanor to felony. Attorney Josh represents clients facing hit and run allegations throughout Arizona.
Phoenix Office:
2601 N 3rd Street, Suite 301
Phoenix, AZ 85004
Scottsdale Office:
6991 East Camelback Rd, Suite D-300
Scottsdale, AZ 85251
Call (480) 386-1824 for a free consultation.
