Flagstaff Defense Lawyers Help Those Charged With Leaving the Scene
If you've been charged with leaving the scene of an accident in Northern Arizona, you need experienced legal representation to protect your rights. As former prosecutors with over 40 years of combined experience, we understand how these cases are built and prosecuted.
At Griffen & Stevens Law Firm, we focus on achieving the best possible outcomes for our clients through thorough case preparation and strategic defense planning. Our Flagstaff lawyers know criminal defense and personal injury laws, providing valuable insights when handling hit and run cases in Arizona.
Misdemeanor Hit and Run Charges Under Arizona Law
Arizona Revised Statutes § 28-662 states that “The driver of a vehicle involved in an accident on public or private property resulting only in damage to a vehicle that is driven or attended by a person shall:
- Immediately stop the vehicle at the scene of the accident or as close to the accident scene as possible but shall immediately return to the accident scene.
- 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.”
Failing to obey this law can lead to Class 2 misdemeanor charges. You may face Class 3 misdemeanor charges for:
- Backing into another vehicle in a store parking lot and leaving without providing your information to the other driver or store management, even if the damage appears minor. (ARS 28-664)
- Sideswiping a parked car on a Flagstaff street and breaking its mirror, then continuing to drive without stopping or attempting to locate the vehicle's owner. (ARS 28-664)
- Hitting a mailbox or fence on private property while turning and leaving without attempting to notify the property owner or leaving your contact information. (ARS 28–665)
- Causing a minor rear-end collision that pushes one car into another and then leaving the scene before exchanging information with all parties involved, even if you believe your vehicle didn't sustain damage. (ARS 28-663)
The law also covers incidents involving fully autonomous cars. In short, the law states that the driverless car must stop in the event of a collision, even if there is no passenger aboard. The owner of the autonomous vehicle is responsible for any accidents caused by the car.
Felony Hit and Run Charges Under Arizona Law
Arizona Revised Statutes § 28-661 establishes that leaving the scene of an accident involving injury or death is a felony offense. Under the law:
- The driver of a vehicle involved in an accident on public or private property resulting in injury to or death of a person shall:
- Immediately stop the vehicle at the scene of the accident or as close to the accident scene as possible but shall immediately return to the accident scene.
- Remain at the scene of the accident until the driver has fulfilled the requirements of section 28-663.
- If the vehicle described in subsection A of this section is a fully autonomous vehicle operating without a human driver or a neighborhood occupantless electric vehicle, the requirements of this section are satisfied if the fully autonomous vehicle or neighborhood occupantless electric vehicle stops at the scene of the accident or as close to the accident scene as possible and remains stopped at that location until the requirements of section 28-663 have been satisfied.
- A driver who is involved in an accident resulting in death or serious physical injury as defined in section 13-105 and who fails to stop or to comply with the requirements of section 28-663 is guilty of a class 3 felony, except that if a driver caused the accident the driver is guilty of a class 2 felony.
- A driver who is involved in an accident resulting in an injury other than death or serious physical injury as defined in section 13-105 and who fails to stop or to comply with the requirements of section 28-663 is guilty of a class 5 felony.
Penalties for Hit and Run Accidents in Arizona
The severity of penalties for a hit and run varies significantly based on whether you're facing misdemeanor or felony charges. Note that even misdemeanor convictions have serious consequences that can affect your driving privileges and future opportunities.
Misdemeanor Penalties
- Up to 4 months in jail
- Fines up to $750
- License suspension
- Criminal record
- Increases in insurance rates
Felony Penalties
- 2-15 years in prison
- Fines up to $150,000
- Mandatory license revocation
- Permanent felony record
- Loss of civil rights
Civil Liability for Criminal Hit and Run Charges in Arizona
In Arizona, leaving the scene of an accident can expose you to criminal penalties and civil liability. Even after criminal charges are resolved, you may face civil lawsuits from:
- Other drivers seeking compensation for vehicle damage
- Injured parties pursuing damages for medical expenses and lost wages
- Insurance companies requesting reimbursement for claims they've paid
- Property owners demanding payment for repairs
- Business owners claiming lost revenue due to property damage
Additionally, leaving the scene of an accident may be viewed as an admission of fault in civil proceedings, potentially weakening your position in settlement negotiations. Insurance companies may also deny coverage for accidents where the insured driver left the scene, leaving you personally responsible for damages. As a firm handling both criminal defense and personal injury cases, we understand how these matters intersect and can help protect your interests in both areas of law.
How a Flagstaff Defense Lawyer Can Help After a Hit and Run
If you're facing criminal charges for a traffic violation, you want a defense team you can trust to pursue the best possible outcome for you. Bruce Griffen is a 40-year veteran criminal defense lawyer and fifth-generation Arizonan who has received the Tom Karas Criminal Justice Award from the Arizona State Bar. Ryan Stevens provides valuable insight as a former felony prosecutor. Together, they have achieved numerous successful outcomes in criminal cases, including "not guilty" jury verdicts on serious charges.
Our firm's extensive knowledge of Northern Arizona's legal system and strong relationships with local prosecutors often help us negotiate favorable plea agreements. We can:
- Anticipate how prosecutors will approach property damage and injury documentation
- Challenge accident reconstruction reports and medical evidence
- Negotiate with insurance companies when civil claims arise
- Protect you from self-incrimination while addressing civil liability
- Structure plea agreements that consider both criminal and civil exposure
We are the only "tier 1" U.S. News & World Report Best Law Firms with a primary office in Flagstaff, and our reputation for thorough case preparation and effective trial advocacy serves our clients well.