Leaving the Scene of an Accident: Hit and Run Penalties in Arizona

Arizona law says that when a driver is involved in an accident, they must stop at the accident scene or as close to the accident scene as possible. Failing to stop, sometimes called fail to stop, is a separate crime that can bring serious consequences.

According to ARS § 28-661, a driver who leaves an accident that results in injury or death commits a felony hit and run. The statute requires drivers to remain at the scene, provide information, and render reasonable aid.

ARS 28-662 covers accidents involving only property damage. Even if a driver hit a parked car or caused damage to a vehicle, they must stop, exchange information, or leave a written note.

ARS § 28-663 outlines the duty to accident and share information and provide help when drivers involved in an accident resulting in injury need assistance.

Key responsibilities under Arizona law include:

• Stop at the accident or as close to the accident scene as possible.
• Do not obstruct traffic, but stay at the scene until duties are fulfilled.
• Provide name, address, and vehicle registration.
• Show driver’s license if asked.
• Render assistance if the accident that results in injury requires medical care.

When you are involved in an accident in Arizona, the law requires you to:

• Remain at the scene of the accident until exchanging information.
• If you leave the accident, you must immediately return to the accident scene.
• If you cause serious injuries or an accident involving death, the penalties increase significantly.
• When hitting a parked car, the driver must make reasonable efforts to locate the owner or leave a note.

Failure to follow these requirements can result in misdemeanor or felony charges under Arizona’s statutes.

The crime in Arizona of leaving an accident can be classified as either a misdemeanor or a felony depending on the situation.

Misdemeanor Hit and Run

• ARS 28-662 applies to property damage accidents.
• Example: A driver who hit a parked car and failed to leave a note.
• Charged as a class 3 misdemeanor if the damage is less than $1,000 (ARS § 13-707), or a class 2 misdemeanor if the damage is $1,000 or more (ARS § 13-707).
• Misdemeanor penalties may include fines, short jail time, restitution, and license suspension.

Felony Hit and Run

• Under § 28-661, leaving an accident that results in injury or death is a felony hit and run.
• Penalties depend on whether it is a class 5 felony, class 3 felony, or class 2 felony.
• A felony is punishable by years in prison and permanent loss of driving privileges.

Offense Levels

• Class 5 felony: Leaving an accident with non-serious injuries.
• Class 3 felony: Leaving an accident with serious injuries.
• Class 2 felony: Leaving an accident with death involved.

Key point: Even a misdemeanor hit and run can affect your record, but a felony conviction can ruin careers and personal lives.

The penalties include jail, prison, fines, restitution, and license revocation. Arizona takes these cases seriously because leaving injured people without help can cause life-threatening consequences.

Potential Penalties Breakdown

Why legal representation matters: Without a strong defense, the crime of leaving the scene can mean prison. Christian Lueders and Guardian Law Group fight aggressively to reduce charges and protect clients’ futures.

Arizona Revised Statutes lay out very specific duties for drivers who are involved in an accident. These laws explain exactly when you must stop, what information you must provide, and the consequences if you fail to do so.

ARS § 28-661: Accidents Involving Injury or Death

• Subsection (A) requires that “the driver of a vehicle involved in an accident 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 then immediately return to the accident scene.”
  
• The driver must remain at the scene until they provide their information and give reasonable assistance.
  
• Failing to comply can result in a class 5 felony if the accident caused injury, a class 3 felony if it caused serious injury, or a class 2 felony if it resulted in death.

ARS § 28-662: Accidents Involving Only Damage to a Vehicle

• Subsection (A) states that “the driver of a vehicle involved in an accident resulting only in damage to a vehicle that is driven or attended by any person shall immediately stop the vehicle at the scene of the accident or as close to the accident scene as possible but shall then immediately return to the accident scene.”
  
• The driver must provide their name, address, and vehicle registration number.
  
• A violation is typically charged as a class 2 misdemeanor or class 3 misdemeanor depending on circumstances.

ARS § 28-663: Duty to Give Information and Assistance

• Subsection (A) requires the driver to:
  
1. Provide their name, address, and registration number of the vehicle.
   
2. Show their driver’s license upon request.
   
3. Render reasonable assistance, including arranging for transportation of an injured person for medical treatment if it is apparent that treatment is necessary.
   
• Failure to follow this duty can lead to additional charges, even if the driver remained at the scene.

• Minor Accident in Glendale: A driver who caused the accident in a parking lot and left without leaving information faced misdemeanor hit-and-run charges.
• Injury Accident in Tempe: A college student fled the scene of an accident involving a bicyclist. Because it was an accident that results in injury, it was charged as a class 5 felony.
• Fatal Crash in Phoenix: A driver who left the scene of a hit-and-run accident resulting in death faced a class 2 felony, punishable by years in prison.

These run accidents in Arizona show how outcomes vary, but each highlights the danger of choosing to flee.

An Arizona attorney like Christian Lueders can fight hit-and-run charges in Arizona by:

• Challenging witness credibility.
• Arguing the driver did not know they were involved in an accident.
• Proving mistaken identity.
• Showing constitutional violations in how evidence was gathered.
• Negotiating reduced misdemeanor penalties instead of felony prison time.

At the law offices of Guardian Law Group, clients benefit from Christian’s background as a former prosecutor. His criminal defense skills help drivers facing serious accusations get second chances.

1. Is every hit and run a felony?
   No, some are misdemeanor hit and run cases, such as class 3 misdemeanor property damage.
2. Can I return to the accident scene later?
   The law says you must immediately return to the accident if you left.
3. What if I didn’t know I hit something?
   If you were not aware you were involved in an accident, that can be a defense.
4. What if I just hit a parked car?
   Even a parked car accident requires you to leave a note or find the owner.
5. Will I lose my license?
   Yes, many hit-and-run cases result in mandatory revocation.
6. Do I need a lawyer for a misdemeanor?
   Yes, even a misdemeanor hit-and-run can leave a permanent record

• The crime of leaving the scene is taken seriously in Arizona.
• Penalties range from misdemeanor penalties to years in prison for felonies.
• Drivers involved in an accident must stop, render aid, and provide information.
• Statutes like ARS § 28-661, ARS § 28-662, and ARS § 28-663 outline these duties.
• Having an experienced Arizona lawyer is critical in protecting your record and freedom.

At Guardian Law Group, we understand that facing a hit and run or leaving the scene of an accident charge can turn your life upside down. Your freedom, career, and future are too important to risk over a misunderstanding, wrongful arrest, or a one-time mistake. If you are under investigation or have been charged with a hit and run offense in Maricopa County, we can help.

Attorney Christian Lueders brings years of experience as a former felony prosecutor. He has worked directly with law enforcement officers, accident investigators, and prosecutors across Arizona. That means we know how these cases are built — and how to challenge them.

We will explore every possible option for your case, including dismissals, reduced charges, diversion programs where available, and post-conviction relief. Most importantly, we will fight to protect your rights, your driving privileges, and your future.

Call Guardian Law Group today at (623) 356-0106 or contact us through our website to schedule your free consultation.