Hit and Run

What to Know About Hit-and-Run Penalties

October 8, 2018 by Brad Johnson

Hit-and-run penalties typically include fines and potential jail time. If there are injuries involved, the charges may be more significant. In Arizona, you can be charged with a felony or a misdemeanor for a hit and run. The circumstances of each case greatly influence what you may be charged with. However, hit-and-run charges tend to be more significant when the accident involves significant property damage or the death of a person.

Understanding the Duties of the Driver

All drivers in the state of Arizona are required to take steps to find the owner of any vehicle they damage. If an unattended parked vehicle is involved in the incident, the driver must immediately stop and find the owner by waiting in the parking lot or, if in a driveway, approaching the address. If the event happens during a moving violation, such as on a roadway, the driver must pull over, contact authorities, and file a police report. In some cases, it is as simple as communicating your personal information with the other driver, exchanging insurance information, and filing a police report to document the incident.

If you fail to stop or the other driver fails to stop after hitting you, the hit-and-run penalty can escalate quickly depending on the circumstances of the incident.

A Misdemeanor Hit and Run

Arizona law – ARS 28-662 – governs incidents in which a person leaves the scene of an accident. Specifically, this applies in situations where there is only vehicle damage. This means no injuries are present. In this situation, individuals are required to find the owner to provide information about the incident. Drivers must exchange information. Individuals who violate this are considered guilty of a hit-and-run. In this case, the violation is considered a Class 2 Misdemeanor.

Non-Vehicle Property Damage

Another penalty occurs when you leave the scene of an accident in which there is property damage. For example, if you back into a mailbox, you need to report the incident to the property owner. In this case, if a driver does not do so and leaves the scene of an accident, he or she can be charged with a Class 3 misdemeanor.

In these examples, the criminal charges are related to misdemeanors. As a result, the maximum penalties in these cases are:

For a Class 2 Misdemeanor under Arizona law, the maximum punishment is 4 months in jail, 2 months of probation, and fines and surcharges up to $1,372.50.
For a Class 3 Misdemeanor under Arizona law, the maximum punishment includes up to 30 days in jail, one year of probation, and fines and surcharges up to $915.00.

In addition to this, all hit-and-run cases may result in the loss of your driver’s license. License suspensions of one year are common. Additionally, a judge can order you to be screened regularly for drug and alcohol use as well as require you to attend counseling sessions and complete community service.

Felony Hit-and-Run

A felony hit-and-run is punishable by higher fines and potential jail time. This falls under ARS 28-661. Under this law, individuals are required to remain at the scene of the crime or return as soon as possible. There must be an identification exchange including the vehicle registration number and driver’s license information. In addition, the driver must render reasonable assistance to any other individual involved in the car accident who suffered a personal injury.

When a driver leaves the scene of the accident and there is a serious injury or death, he or she can be charged with a Class 2 Felony. In this case, he or she caused the accident. If the driver fled the scene but did not cause the accident, it is typically considered a Class 3 Felony under Arizona state law.

What determines serious injury?

A vehicle accident resulting in injury can result in either a Class 2 or a Class 3 felony, based on the nature of the injuries. The law states that physical injury is considered serious if:

There is reasonable risk of death associated with the injury
There is serious impairment of health
There is serious disfigurement
There is permanent disfigurement
There is loss of an organ or limb function
There is protracted impairment of an organ or the function of a limb

Individuals in a hit-and-run accident like this are generally going to face significant criminal charges.

Penalties for felonies are significantly higher. Here are a few examples:

A Class 2 Felony under Arizona law may result in probation and as much as 12.5 years in prison. If the driver has a previous felony on their record, they may serve time in prison for up to 35 years. The loss of their driver’s license for 10 years is also an option.
For a Class 3 Felony under Arizona law, punishment may include probation and up to 8.75 years in prison. If the driver has previously been charged with a felony, this can increase prison time to 25 years. A loss of their driver’s license for up to 5 years is possible as well.

What Should You Do If You Are Facing a Hit and Run Charge?

Every situation is different. However, it is essential to have a criminal defense in place that properly protects your future and ensures your rights are always protected. A hit-and-run criminal defense will use information from the incident, such as the reason you left the scene of the accident, as well as information pertaining to your health and condition at the time of the incident. If you left the scene of an accident and you were under the influence of drugs or alcohol, this may have played a role in your ability to make proper decisions.

Individuals facing hit-and-run charges should seek out an experienced attorney to assist them with this type of criminal charge. It is the best possible way to minimize hit-and-run punishments.

Call Brad Johnson Injury Law, experienced personal injury attorneys, for additional information and solutions. We offer a free consultation. Call us at 602-285-6100.

Hit-and-Run Accident Penalties in Arizona

August 20, 2018 by Brad Johnson

If you are in a car accident in Arizona, no matter how serious, you are required to:

Immediately stop at the scene of the accident, as close to the scene as possible, or immediately return to the scene;
Exchange driver’s license, contact information, vehicle registration number, and identification information with the other party; and
Provide reasonable assistance to anyone who is injured. This could include calling an ambulance if medical treatment is necessary.

If you don’t stop, exchange information, and assist other people, you could be charged with a hit and run. The legal penalty for a hit and run in Arizona can range from a class 3 misdemeanor to a class 2 felony.

Here are some common hit-and-run scenarios our firm has seen over the years, ranging from least to most severe:

1. I ran into my neighbor’s mailbox or fence

ARS 28-665 governs accidents where there is only damage to fixtures or other property legally on or adjacent to a highway.

Drivers are required to take reasonable steps to find the owner of the property. They must notify the property owner of the accident and provide their contact information. Failure to do so could result in a class 3 misdemeanor.

2. I backed into an empty car parked on the street

ARS 28-664 governs collisions with unattended vehicles.

A driver must stop and either locate the owner of that vehicle and provide their contact information, or they must leave a note with their information in a conspicuous place. A driver must also leave the car owner’s information if the driver is driving someone else’s car. Failure to either contact the owner or leave a note can also result in a class 3 misdemeanor.

3. I hit a car with other people in it, but no one was hurt

ARS 28-662 governs car accidents where both vehicles were occupied, but nobody was injured. This is your classic fender bender accident.

Both drivers involved should pull over to avoid obstructing traffic, stop their cars, and exchange information. If you don’t do this, you could be charged with a class 2 misdemeanor.

4. I left a serious accident without providing my contact information or helping the other guy

Under ARS 28-663, a driver who leaves the scene of an accident where someone was injured or died without proving their contact information can be charged with a class 3 misdemeanor. If you don’t provide reasonable assistance to an injured person, you can face the increased penalty of a class 6 felony.

For example, someone may get into an accident, call 911 for medical help for the other driver, and then leave without providing contact information. This could be a class 3 misdemeanor. Alternatively, someone could get into an accident, injure someone, leave a note with their contact details, and leave without making the call. This could be a class 6 felony.

5. I was in an accident where someone got really hurt or died

According to ARS 28-661, and ARS 28-663, if you are involved in an accident that results in physical injury, you must:

Stop and remain at the scene
Provide reasonable assistance to people with physical injury. This includes calling law enforcement and an ambulance if requested or if someone needs medical help.

Leaving the scene of this type of hit-and-run will result in a felony charge. If the accident results in serious injury or death, and you cause the accident and leave the scene, you face a class 2 felony. If you only leave the scene, you will receive a class 3 felony.

If the accident results in an injury that isn’t serious and you leave the scene, you face a class 5 felony.

Frequently Asked Questions

What is a ‘serious physical injury’ or a ‘physical injury’?

ARS 13-105 defines a ‘physical injury’ as “the impairment of physical condition.” This could be a bruise, stubbed toe, or scratch.

A ‘serious physical injury’ is a physical injury:

That creates a reasonable risk of death, or
That causes
- serious and permanent disfigurement,
- serious impairment of health or loss, or
- protracted impairment of the function of any bodily organ or limb

What are the different penalties between the classes of misdemeanors and felonies? Will I face any jail time?

The penalty for a hit and run in Arizona can range from a class 3 misdemeanor to a class 2 felony. Any of these charges can result in jail time.

Potential misdemeanor penalties

A class 3 misdemeanor can incur:

a fine of up to $500,
up to 30 days imprisonment, and/or
up to 1 year probation.

A class 2 misdemeanor can incur:

a fine of up to $750,
up to 4 months imprisonment, and/or
up to 2 years probation.

A class 1 misdemeanor can incur:

a fine of up to $2,500,
up to 6 months imprisonment, and/or
up to 3 years probation.

You can face higher penalties for subsequent charges if you are convicted of the same misdemeanor more than once in 2 years.

Potential Felony Penalties

ARS 13-702 provides a range of possible jail time for first time offenders for each class of felony conviction.

First-time offenders generally receive the presumptive sentence, unless there are mitigating or aggravating factors, such as:

the age of the victim or defendant,
whether the defendant was under duress, and
whether the defendant remained at the scene of the accident and rendered aid to the victim,

A class 6 felony is the least serious felony conviction in Arizona. It can range from 4 months to 2 years imprisonment. A prosecutor can also reduce a class 6 felony charge to a class 1 misdemeanor charge.

A class 5 felony can range from 6 months to 2.5 years imprisonment.

A class 3 felony can range from 2 years to 8 years and 9 months imprisonment.

A class 2 felony can range from 3 years to 12.5 years imprisonment.

If you are charged with two or more felonies related to the same incident, your jail sentences will run consecutively. Additionally, anyone convicted for the first time of a felony can be fined up to $150,000. If you have a felony record, your jail sentence can increase significantly.

Will I Lose My License?

You could lose your driver’s license for a year or more, even with a misdemeanor charge.

ARS 28-661 provides that a driver’s license will be revoked for five years if an accident results in serious injury. If the accident results in death, the license will b revoked for 10 years.

These revocation periods do not include time spent incarcerated.

In addition, you may lose professional licenses or civil rights such as the right to vote or bear arms. Being charged with a felony can also affect your ability to obtain car insurance or get or keep a job.

My 16-year-old was involved in a hit-and-run accident, leaving the scene of the incident. What should I do?

Teenagers are often given protections in criminal sentencing for incidents occurring before they turn 18. However, even minors can be tried as adults depending on the severity of the accident or injuries to the victim.

Before your kids start to drive, educate them and yourself about what to do if they are in an accident. Help them understand that the mistakes they make, even at a young age, can follow them around for a long time.

If your teenager is involved in a hit-and-run accident, contact an experienced criminal defense attorney to discuss options for protecting your child’s future.

What happens if the driver was drunk or under the influence of drugs?

If alcohol or drug use contributed to the accident, you can be charged with a DUI and face additional penalties. You will also need to complete drug or alcohol screening and treatment.

If you know someone with a substance abuse addiction, contact the Substance Abuse and Mental Health Services Administration. Their National Helpline is open 24/7, 365 days a year at 1-800-662-HELP.

Remember: If you have been drinking or using drugs, don’t get behind the wheel. According to the Arizona Department of Public Safety, every 33 minutes, someone dies in an alcohol-related crash.

What are some common defenses to being charged with a hit and run?

An experienced criminal defense attorney can raise a number of legal defenses in a hit-and-run case.

Mistake of Fact

For example, it’s common for people to hit a sign, fence, or even a pedestrian and not realize it. People also hit other cars and don’t realize the damage.
Another common defense is concern for your own safety. If an accident happens at night or in a bad part of town, reasonable drivers may leave the scene. It’s not unheard of for less-than-honest individuals to set up an accident. This can separate a driver from their vehicle and lead to a robbery or worse.

Pressing the Case of the State

A good criminal defense attorney will also consider the state’s case before and during the trial. Did the prosecutor prove each part of their case beyond a reasonable doubt? Did the state preserve and present evidence according to the relevant court rules? Did the police uphold your constitutional rights? The burden in a criminal trial is on the prosecutor, not you. If the state does not meet its burden, you can be off the hook.

Avoiding Trial

Depending on the severity of the hit-and-run accident, you may decide that a trial isn’t for you. Talk to your attorney about their thoughts on the possibility of settling with the prosecuting attorney for a lesser charge. This could result in reduced or no jail time.

Hit-and-Run Accident Lawyer

If you were involved in a hit-and-run vehicle accident, contact us to schedule your free consultation.

*Please note that this article does not contain legal advice and does not create an attorney-client relationship. Our law office is ready to help with your questions about your specific needs.

How to Avoid Being the Victim of a Bicycle Accident

June 23, 2010 by Brad Johnson

Bike riding is an activity that can be enjoyed by children as well as adults. In fact, children start off very young these days. Their parents will teach them with the assistance of training wheels. Adults, too, enjoy bike riding. It’s not uncommon to see a group of adults riding ten speeds or mountain bikes for exercise as well as a way to have fun in the fresh air. However, bike riding can be dangerous; especially when you begin riding in traffic. A one or two-ton vehicle going even thirty miles an hour can fatally injure a bike rider. That’s why, if you plan to go bike riding, you need to be mindful of your surroundings, you need to ensure the bike is secure and safe, and you need to make sure you’re keeping an eye on any children who may be biking with you. If you do all of these things, you will be able to enjoy your bike ride without having to worry about becoming the victim of a bicycle accident. There are numerous state laws that govern the riding of a bicycle. Know these laws before cycling.

Be Aware

When you were a kid, you probably rode your bike without a care in the world. You’d jump over curbs, ride through leaf piles and you probably even tried to do tricks in the middle of the street. As an adult, however, even if you don’t do these things, you need to be mindful of your surroundings. You need to be aware. Children are typically not aware as adults and that’s why they can often be subjected to danger without even knowing it. Make sure you know how traffic is flowing, how much traffic there is, be mindful of driveways where cars may be backing out from, and make sure you watch the road for hazards. Being aware of your surroundings will do a lot to help you prevent becoming a victim of a bicycle accident.

Bike Inspection

When was the last time you had your bike inspected? When did you last check the bolts, the brakes or the tires? These must be checked every time you ride. A loose bolt could cause the handlebars to come loose, which could send you flying off the bike. Loose brakes will make it difficult to stop, which could be really dangerous if you’re riding up to a busy intersection, and loose or flat tires can also pose a great danger. If you don’t know the first thing about repairing or maintaining bicycles, take your bike to a professional. You will have to pay for the inspection but that’s better than riding around with a defective bike that could potentially cause a bicycle accident.

Watch Out For Children

Children don’t really understand the concept of oncoming traffic or the term “right of way.” That’s why you need to keep an eye out for them. Make sure they pay attention to what they’re doing so they can remain safe while enjoying their bike ride.

When you’re riding a bike, make sure you keep a keen eye out for any danger, make sure your bike is in tip-top shape, and make sure you watch out for your children. As long as you do all of these things, you will be able to enjoy your bike without risking a bicycle accident.

Contact a Personal Injury Attorney

Any time you are involved in a bicycle accident that involves a moving vehicle, you should contact an attorney. Brad Johnson Injury Law offers free consultations, so don’t accidentally waive your rights or the compensation that is due you if you or your child is involved in an accident while riding a bicycle.

The Importance of Pedestrian Caution In Traffic

June 15, 2010 by Brad Johnson

Everyday you hear about accidents involving pedestrians. The reason is because people are often careless about where they’re walking. They’re not mindful of their surroundings, they think that cars are always going to stop to give them the right of way, and some people just plain think they’re invincible. But people aren’t invincible and that’s why all pedestrians need to be cautious in traffic. That means looking both ways before you cross the street, never assuming someone is going to give you the right of way, and always taking the proper precautions so that every driver on the road sees you and knows you’re there. As long as you do these things, you will be able to go about your business without being involved in a traffic accident that you may not survive.

Cars are very useful for getting us where we need to go, but they’re also two thousand plus pound machines. A person wouldn’t stand a chance if they were hit by one of these cars. Every person should know and realize this. Yet it never fails; there’s always that person who rushes across the street without a care as cars honk and swerve to avoid hitting him. Most of the time these people are just in a hurry and they never consider that they could be hit by a car. Everyone thinks that a traffic accident is going to happen to someone else. But if you don’t watch where you’re going, you are going to be the subject of the next early morning news story involving a pedestrian and a fast moving car.

Watch Your Surroundings
No matter where you’re walking to, and even if you’re just walking along the sidewalk, always be aware of your surroundings. Be mindful of where traffic is, which direction it’s traveling and make sure you position yourself so that you’re seen by these drivers. If you’re going to cross the street, look both ways before you cross at an intersection. Never “jaywalk”! Never take chances! It’s better to be late going somewhere than to not arrive at all. As long as you keep a keen eye for any traffic and you’re watchful of where you step, you’ll have a much better chance of reaching your destination.

Right of Way
While it’s true that pedestrians have the right of way when crossing a roadway in a marked crosswalk, when it comes to traffic, you should never rely on this fact. Never assume that a car is going to stop to let you pass in front of them. Remain cautious at all times when dealing with a vehicle when you’re on foot. It’s better to let the car go by, even if you have to wait a few seconds longer.

Remain Visible
If you’re a pedestrian dealing with traffic at night, make sure you wear reflective or bright clothing so that drivers always know you’re there. If it’s daytime, make sure you walk towards traffic so that you see them and they see you. Never wear black at night while dealing with traffic, and never cross a street unless the drivers know you’re there. As long as they know you’re there, you have a better chance of reaching the other side of the street in one piece, which is the goal of every pedestrian exercising caution in traffic.

Use the crosswalk!
The Brad Johnson Injury Law law firm offers free consultations, so don’t accidentally waive your rights or the compensation that is due you if you are involved in an accident with a moving vehicle while walking.