Phoenix Hit and Run Lawyer
Hit and run charges arise when a driver leaves the scene of an accident without fulfilling legal duties—stopping, exchanging information, and rendering aid if anyone is injured. Arizona law requires these duties regardless of who caused the accident. Many hit and run charges stem from panic decisions made in seconds that create lasting legal consequences, ranging from misdemeanor charges for property damage to serious felonies when injury or death is involved.
Attorney Josh Lopez represents clients throughout Phoenix facing hit and run allegations, from minor parking lot incidents to serious injury collisions.
→ For comprehensive Arizona criminal defense information, see: Phoenix Criminal Defense Lawyer
Arizona Hit and Run Laws
Duty to Stop and Exchange Information (ARS § 28-661)
After any accident resulting in vehicle damage, drivers must:
- Immediately stop at the scene or as close as safely possible
- Give their name, address, and vehicle registration number
- Show driver’s license upon request
- Give reasonable assistance to any injured person
Violation (property damage only): Class 2 Misdemeanor
- Maximum 4 months jail
- Maximum $750 fine
Leaving the Scene with Injury (ARS § 28-661)
When an accident involves injury, all duties above apply plus:
- Render reasonable assistance to injured persons (calling for help, providing first aid if capable)
- Remain at scene until duties are fulfilled
Violation: Class 5 Felony
- 6 months to 2.5 years prison (first offense)
- Probation possible for first offense
Leaving the Scene with Death (ARS § 28-661)
When an accident results in death:
Violation: Class 3 Felony
- 2.5 to 8.75 years prison (first offense)
- Mandatory prison for dangerous offenses
Failure to Give Immediate Notice of Accident (ARS § 28-662)
When an accident involves an unattended vehicle or property:
- Stop and attempt to locate the owner
- Leave written notice in a conspicuous place with your name, address, and circumstances
- Report to police without unnecessary delay
Violation: Class 2 Misdemeanor
Duty to Report Accidents (ARS § 28-663)
The driver (or occupant if driver is incapacitated) must immediately report to police any accident involving:
- Death or injury
- Apparent property damage of $2,000 or more
Hit and Run Penalties Summary
| Accident Type | Classification | Maximum/Range |
| Property damage only | Class 2 Misdemeanor | 4 months jail, $750 fine |
| Unattended vehicle/property | Class 2 Misdemeanor | 4 months jail, $750 fine |
| Injury | Class 5 Felony | 6 months – 2.5 years prison |
| Death | Class 3 Felony | 2.5 – 8.75 years prison |
Prior felony convictions significantly increase sentencing ranges.
Common Hit and Run Scenarios in Phoenix
Parking Lot Incidents
Phoenix’s busy shopping centers, malls, and parking structures generate hit and run charges:
- Backing into parked vehicles
- Door dings that cause damage
- Clipping vehicles in tight spaces
- Unable to find vehicle owner
The stress of finding damage, uncertainty about what to do, or fear of confrontation leads many drivers to leave without exchanging information.
Freeway and Highway Accidents
Phoenix’s extensive freeway system (I-10, I-17, Loop 101, Loop 202, US-60) sees hit and run charges when drivers:
- Are involved in minor sideswipes and don’t stop
- Panic after more serious collisions
- Fear traffic-related danger
- Are concerned about DUI investigation
Pedestrian and Cyclist Accidents
These are among the most serious hit and run cases. Phoenix’s pedestrian and cyclist fatality rates make these a priority for law enforcement. Charges are typically felonies.
Rideshare and Late-Night Incidents
After nights out in downtown Phoenix or entertainment districts, drivers may:
- Misjudge distances while impaired
- Hit parked vehicles or property
- Leave due to fear of DUI investigation
Hit and Run with Prior DUI
Leaving an accident scene to avoid DUI investigation doesn’t prevent the DUI charge—and adds hit and run charges. Forensic evidence, witness statements, and investigation typically identify the driver.
Why People Leave Accident Scenes
Understanding the reasons helps build defense strategies:
- Didn’t realize contact occurred — Minor impacts may not be felt
- Panic and fear — Especially if alcohol or drugs involved
- No visible damage appeared at the time
- Traffic danger — Stopping seemed unsafe
- Fear of confrontation with other driver
- Intended to return or report later
- Language barriers or confusion about requirements
- Unaware of legal duties
While these don’t excuse leaving, they provide context for defense and mitigation.
Defense Strategies for Hit and Run
No Knowledge of Accident
If you genuinely didn’t know an accident occurred:
- Minor impact you didn’t feel or hear
- Noise conditions (traffic, music) masked contact
- No visible indication at the time
- Damage discovered later by other party
Duress or Emergency
If leaving was necessary for safety:
- Dangerous location (highway, high-crime area)
- Threatening behavior from other party
- Medical emergency requiring immediate action
- Fear for personal safety
Intent to Comply
If you intended to fulfill duties:
- Continued to safe location and reported
- Made reasonable efforts to locate owner
- Reported to police promptly
- Left note that was removed by weather or third party
Challenging Identification
In cases where the driver left:
- Witness identification unreliable
- Video evidence unclear
- Forensic evidence (paint, damage) inconclusive
- Multiple people had access to vehicle
Constitutional Violations
Evidence suppression for:
- Improper investigation
- Miranda violations during questioning
- Unlawful search of vehicle
- Coerced statements
Investigation and Evidence
How Police Investigate Hit and Run
- Witness statements and descriptions
- Surveillance video from businesses, traffic cameras, doorbell cameras
- Vehicle debris left at scene (paint, glass, plastic)
- Damage patterns matching between vehicles
- License plate partial identification
- Vehicle registration and ownership records
- Cell phone records and GPS data
Evidence That May Help Defense
- Your vehicle’s condition — Lack of consistent damage
- Alibi evidence — You weren’t driving at that time
- Alternative explanations — Damage from different incident
- Witness testimony supporting your account
Collateral Consequences
License Suspension
Hit and run convictions trigger MVD license suspension:
- Misdemeanor: Potential suspension
- Felony: Mandatory suspension/revocation
Insurance Consequences
- Policy cancellation
- Dramatically increased premiums
- Difficulty obtaining future coverage
- SR-22 requirement
Civil Liability
Criminal charges don’t resolve civil liability. Victims may sue for:
- Property damage
- Medical expenses
- Pain and suffering
- Lost wages
Criminal conviction can be used as evidence in civil case.
Employment
Convictions affect:
- CDL holders (commercial driving)
- Jobs requiring driving
- Positions requiring clean records
- Professional licensing
Phoenix Courts
Phoenix Municipal Court
Location: 300 W. Washington Street, Phoenix, AZ 85003
Handles misdemeanor hit and run charges (property damage only, unattended vehicle).
Maricopa County Superior Court
Location: 201 W. Jefferson Street, Phoenix, AZ 85003
Handles felony hit and run charges (injury or death).
Frequently Asked Questions
Is hit and run a felony in Phoenix?
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, noise, or other circumstances—this can be presented to challenge the charges.
Should I turn myself in after leaving a scene?
This decision should involve an attorney. Turning yourself in demonstrates responsibility but also creates opportunities for admissions. Contact an attorney before making statements to police.
Can hit and run charges be dropped?
Yes. Charges may be dismissed or reduced based on lack of evidence, valid defenses (no knowledge, duress), or negotiation. An attorney can evaluate your case.
What if I was scared to stop?
Fear alone typically isn’t a complete defense, but circumstances matter. Dangerous locations, threatening behavior, or legitimate safety concerns may support a defense or mitigation.
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 (injury), prison is possible but probation may be available for first offenses. For hit and run involving death, prison is likely.
Contact a Phoenix Hit and Run Defense Attorney
Hit and run charges—whether misdemeanor or felony—carry serious consequences including potential prison time, license suspension, and lasting insurance and employment impacts. An experienced attorney can evaluate the evidence, identify defenses, and work toward the best possible outcome.
Attorney Josh Lopez defends hit and run charges throughout Phoenix and Maricopa County.
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 or complete the contact form to schedule your free consultation.