Arizona’s Hit-and-Run Laws
Having a firm understanding of Arizona’s hit-and-run laws can help you avoid unintentionally committing this crime by leaving the scene of a car accident too soon. If you are facing criminal allegations regarding a hit-and-run, it is important to contact a hit-and-run defense lawyer in Phoenix as soon as possible to go over Arizona’s related laws and how they may affect you.
What Is a Hit-and-Run?
The crime of “hit-and-run” is codified in Arizona Revised Statutes §28-662 to §28-666. These laws require the driver of any vehicle involved in an accident resulting in property damage, injury or death to fulfill certain legal obligations before leaving the scene.
Driver responsibilities after a crash include:
- Immediately stop the vehicle at the scene of the accident or as close to the scene as possible
- Immediately return to the accident scene if stopping right away is not possible
- Remain at the scene of the accident until fulfilling all driver requirements
- Give the driver’s name, address and vehicle registration number
- Exhibit the driver’s license upon request
- Render reasonable assistance to anyone injured in the accident
In Arizona, the criminal statute of limitations on a hit-and-run claim, meaning how long prosecutors have to bring criminal charges against a defendant, is one year for a misdemeanor, two years for vehicular homicide and seven years for a felony.
What Are the Penalties for Hit-and-Run?
If an individual is convicted of a hit-and-run crime in Arizona, they could have a misdemeanor or felony on their permanent record, depending on the circumstances and the severity of the crash. Penalties may include 30 days to 10 years in prison, and/or fines of up to $750. The penalties are increased for repeat offenders.
How Can You Defend Against Hit-and-Run Charges?
Various defense options may be available to someone who’s facing hit-and-run allegations in Arizona. A criminal defense lawyer in Phoenix can determine the best route forward based on the evidence the prosecution has and the defendant’s criminal history.
Common defenses include lack of knowledge of the accident (such as a no-contact crash), mistaken identity or wrong defendant, the defendant did not willfully leave the scene, or the defendant unknowingly failed to provide the necessary information.
The prosecution must prove the identity of the driver beyond a reasonable doubt. The right defense can poke holes in the prosecution’s case – potentially resulting in reduced charges or penalties, a plea agreement, or case dismissal.
What Evidence Is Needed to Convict in a Hit-and-Run Case?
The evidentiary burden of proof that must be met by the prosecutor in a hit-and-run case is “proof beyond a reasonable doubt.” This is the highest standard of evidence in the justice system. The exact types of evidence used to prove a hit-and-run charge vary from case to case.
Examples of evidence include eyewitness statements, dashcam or surveillance footage, photos, vehicle damage, debris at the scene, and DNA or fingerprint evidence. Electronic data and cell phone records may also place a suspect at the scene of a hit-and-run.
Is it Worth it to Hire a Hit-and-Run Defense Lawyer in Arizona?
Yes, in general, it is worth spending the money on hiring a hit-and-run defense lawyer in Arizona for the potentially life-changing benefits. Arizona lawmakers take hit-and-run crimes seriously, especially when they involve injuries and deaths.
If you are facing these charges, hiring the right criminal defense lawyer can make all the difference in what happens next. A smart, aggressive and experienced Phoenix hit-and-run attorney will know how to build a strong defense to give you the best odds of achieving a positive outcome.
