Arizona Hit and Run Defense Attorney

Accusations of leaving the scene of a motor vehicle accident in Arizona can have serious consequences. Depending on the circumstances, a hit-and-run allegation may lead to a misdemeanor or felony charge, suspension of your driver’s license, fines, probation, or incarceration.

If you are facing a hit-and-run investigation or criminal charge in Cottonwood or elsewhere in Arizona, it is important to understand your legal rights and the specific allegations against you.

What Is Considered Hit and Run in Arizona?

Under Arizona Revised Statutes Sec. 28-661, a driver involved in an accident resulting in injury or death must immediately stop at the scene or as close to it as possible and remain there while fulfilling the applicable legal requirements.

It becomes a hit-and-run accident when the driver fails to meet these obligations, including fleeing the scene.

Arizona also imposes duties when an accident results only in damage to a vehicle that is driven or attended by another person. Under A.R.S. Sec. 28-662, the driver must stop, remain at the scene, and comply with the applicable information-sharing requirements.

These laws apply to accidents occurring on public or private property, so a person should not assume that an accident in a parking lot, driveway, or other private location is automatically outside Arizona’s hit-and-run laws.

What Must You Do After an Arizona Accident?

Arizona law requires drivers involved in qualifying accidents to provide certain information. Under A.R.S. Sec. 28-663, a driver must provide their name, address, and vehicle registration information. The driver must also display their driver’s license upon request and provide reasonable assistance to an injured person when appropriate.

Leaving the scene before these responsibilities are satisfied can create additional legal problems.

If you are involved in a collision in Cottonwood, Camp Verde, or another Verde Valley community, it is important to take the situation seriously, even if you initially believe the accident was minor.

What Are the Penalties for Hit and Run in Arizona?

The potential consequences depend heavily on whether the accident involved property damage, injury, serious physical injury, or death.

A hit-and-run involving only damage to a vehicle can be a class 1 misdemeanor under current Arizona laws. A court may also order a driver’s license suspension for up to one year.

Leaving an accident involving an injury other than death or serious physical injury can constitute a class 5 felony. If the accident involves death or serious physical injury, the offense can be a class 3 felony, or a class 2 felony if the driver caused the accident.

A conviction involving serious physical injury or death can also result in lengthy driver’s license revocation periods. Arizona law provides for a five-year revocation following certain serious-injury convictions and a ten-year revocation following certain death-related convictions.

Because the consequences vary significantly, anyone accused of leaving the scene should have the specific charge reviewed by an Arizona criminal defense lawyer rather than relying on general information about “hit and run.”

Can You Defend Against a Hit-and-Run Charge?

Yes. The appropriate defense depends on the evidence and circumstances of the case.

For example, a defense may involve questions about whether you were actually driving the vehicle, whether an accident occurred, whether you knew about the collision, or whether the prosecution can establish the elements required for the particular charge.

Evidence can be especially important in these cases. A hit-and-run defense attorney in Arizona may examine:

• Police reports and accident diagrams
• Surveillance or traffic-camera footage
• Dashcam or cellphone video
• Vehicle damage and accident scene photos
• Witness statements
• Vehicle repair records
• Accident reconstruction evidence
• Physical evidence from the collision
• Statements made by the accused or other witnesses

A damaged vehicle does not automatically establish every element of a criminal offense. The prosecution still has to prove the applicable charge.

What If You Did Not Know You Hit Another Vehicle?

Lack of knowledge can become an important factual issue in some hit-and-run cases.

For example, a driver may genuinely believe that they drove over a pothole, struck debris, or experienced another ordinary road event rather than colliding with another vehicle. Whether that explanation is legally significant depends on the particular statute, the evidence, and the circumstances surrounding the collision.

The condition of the vehicles, location of the alleged collision, lighting, traffic conditions, witness accounts, and available video footage may all help establish what happened.

If law enforcement contacts you about an accident you did not realize had occurred, consider speaking with a Cottonwood criminal defense attorney before providing a detailed statement.

What Should You Do If You Are Accused of Hit and Run?

If you are being investigated or charged with leaving the scene of an accident, consider taking the following steps:

1. Keep the evidence. Preserve photographs, videos, messages, repair records, insurance documents, and other information that may relate to the incident.
2. Be careful about discussing the case. Statements made to police, insurance representatives, witnesses, or other people may later become relevant to the investigation.
3. Do not post about the incident online. Social media posts, photographs, and comments can potentially become evidence.
4. Preserve your vehicle. If your vehicle allegedly was involved in the collision, avoid unnecessary repairs or alterations until you have obtained appropriate legal advice, particularly if the vehicle may contain evidence relevant to the case.
5. Contact a defense attorney promptly. Early legal advice may allow your attorney to investigate before evidence disappears or memories fade.

How an Arizona Hit and Run Defense Attorney Can Help

A hit-and-run defense lawyer can investigate the allegations and determine what evidence supports or contradicts the accusation.

Depending on the case, an attorney may review the police investigation, examine photographs and video, identify potential witnesses, evaluate the alleged vehicle damage, and challenge weaknesses in the prosecution’s evidence.

Your attorney can also explain the potential consequences of the specific charge and discuss whether negotiation, dismissal, or trial may be appropriate.

Every case is different. A minor property damage allegation and a felony involving serious physical injury present very different legal issues. Getting advice based on the facts of your case is therefore important.

Contact a Cottonwood Hit and Run Defense Attorney

A hit-and-run accusation does not automatically mean that you will be convicted. The circumstances of the accident, the evidence collected by law enforcement, and the specific charge filed against you can all affect the outcome.

If you are facing a hit-and-run charge in Cottonwood, AZ, speak to our skilled and experienced Arizona criminal defense attorney at the Law Office of Shiloh K. Hoggard, P.L.L.C. We will review your case, explain your options, and help you make informed decisions about your defense. Contact us today to schedule a confidential consultation about your hit-and-run case.