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, and penalties increase significantly when the accident involves injury or death. Many hit and run charges involve panic decisions made in seconds that create lasting legal consequences.
Attorney Josh Lopez represents clients throughout Scottsdale facing hit and run allegations, from minor parking lot incidents to serious injury collisions.
→ For comprehensive Arizona hit and run information, see: Phoenix Hit and Run 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
- Give their name, address, vehicle registration
- Show driver’s license upon request
- Give reasonable assistance
Violation: Class 2 Misdemeanor (4 months jail, $750 fine)
Leaving the Scene with Injury (ARS § 28-661)
When an accident involves injury:
- All duties above, plus
- Render reasonable assistance to injured persons
- Remain at scene until duties fulfilled
Violation:
- Injury accident: Class 5 Felony (6 months – 2.5 years prison)
Leaving the Scene with Death (ARS § 28-661)
When an accident involves death:
Violation: Class 3 Felony (2.5 – 8.75 years prison)
Failure to Give Immediate Notice (ARS § 28-662)
When an accident involves an unattended vehicle or property:
- Stop and attempt to locate owner
- Leave written notice with your information
- Report to police if required
Violation: Class 2 Misdemeanor
Common Hit and Run Scenarios in Scottsdale
Parking Lot Incidents
Scottsdale’s busy retail areas generate hit and run charges:
- Scottsdale Fashion Square parking structures
- Kierland Commons and shopping centers
- Old Town tight parking areas
- Restaurant and bar parking lots
Minor damage, difficulty finding the owner, or fear of confrontation leads drivers to leave without exchanging information.
Rideshare and Nightlife-Related
After nights in Old Town, drivers may:
- Misjudge distances while parking or leaving
- Clip parked vehicles on narrow streets
- Leave due to concern about DUI investigation
Multi-Vehicle Accidents
On busy roads like Scottsdale Road, Shea Boulevard, or Loop 101 through Scottsdale, drivers sometimes leave accident scenes due to:
- Traffic pressure
- Confusion about whether contact occurred
- Panic
Injury Accidents
More serious hit and run charges arise when drivers flee after accidents involving:
- Pedestrians in crosswalks or parking areas
- Cyclists on Scottsdale’s roads
- Other vehicle occupants
These charges are felonies with potential prison time.
Why People Leave Accident Scenes
Understanding why people leave helps build defense strategies:
- Didn’t realize contact occurred (minor impacts, noise)
- Panic and fear (especially if alcohol was involved)
- No visible damage appeared at the time
- Traffic flow made stopping dangerous
- Fear of confrontation with other driver
- Intended to return or report later
While these don’t excuse leaving, they provide context for defense.
Defense Strategies
No Knowledge of Accident
If you genuinely didn’t know an accident occurred:
- Minor impact you didn’t feel
- Noise conditions masked contact
- No visible indication at the time
Duress or Emergency
If leaving was necessary for safety:
- Dangerous location
- Threatening behavior from other party
- Medical emergency
Intent to Comply Later
If you planned to report or return:
- Immediate danger at scene
- Continued to safe location and reported
- Made reasonable efforts to comply
Challenging Evidence
- Witness identification issues
- Video evidence unclear
- Forensic evidence (paint transfer, damage patterns) inconclusive
Constitutional Violations
- Improper investigation
- Miranda violations
- Unlawful search of vehicle
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Collateral Consequences
License Suspension
Hit and run convictions trigger MVD license suspension separate from criminal penalties.
Insurance
Hit and run convictions typically result in:
- Policy cancellation
- Dramatically increased premiums
- Difficulty obtaining future coverage
Civil Liability
Criminal charges don’t resolve civil liability. Victims may sue for damages regardless of criminal outcome.
Employment
Convictions affect jobs requiring driving, clean records, or trust.
Frequently Asked Questions
Is hit and run a felony in Scottsdale?
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 defense. If you genuinely didn’t know an accident occurred, this can be presented to challenge the charges.
Should I turn myself in after leaving a scene?
This is a complex decision that should involve an attorney. Turning yourself in shows responsibility but also provides admissions. Contact an attorney before making statements to police.
What if I was afraid to stop?
Fear alone typically isn’t a defense, but circumstances like dangerous locations or threatening behavior may be relevant. An attorney can evaluate whether your circumstances support a defense.
Can hit and run charges be reduced?
Yes. Depending on the circumstances and evidence, charges may be reduced through negotiation. Felony charges may potentially be reduced to misdemeanors in some cases.
Will I lose my license?
Hit and run convictions typically result in license suspension. The length depends on the offense severity and whether injury or death was involved.
Contact a Scottsdale Hit and Run Defense Attorney
Hit and run charges—whether misdemeanor or felony—carry serious consequences including potential prison time, license suspension, and insurance 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 Scottsdale.
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.
