Leaving the scene of an accident in Arizona is a serious criminal offense that can result in jail time, prison sentences, heavy fines, and license revocation. Arizona law requires every driver involved in an accident to stop, exchange information, and render aid if anyone is injured -- regardless of who was at fault. Failing to meet these obligations triggers hit and run charges under ARS 28-661 through 28-665.
This guide explains what Arizona law requires after an accident, how hit and run charges are classified, the penalties you face, and what to do if you are charged.
Key Takeaways
- Duty to stop — Arizona law requires you to stop, exchange information, and render aid after any accident -- even in a parking lot
- Property damage only — a class 2 or 3 misdemeanor with up to 4 months in jail
- Injury or death — hit and run involving injury is a class 4 felony; involving death, it can be charged as a class 2 felony with up to 12.5 years in prison
- Criminal offense not covered — hit and run is not covered under Traffic Ticket Buddy subscription plans
- Criminal defense referral — subscribers who submit a hit and run violation are connected with a criminal defense attorney through the referral process
Arizona Hit and Run Statutes: ARS 28-661 Through 28-665
Arizona's hit and run laws are spread across several statutes, each addressing a specific duty drivers have after an accident. Together, they establish a comprehensive set of obligations that apply to every collision, from a fender-bender in a grocery store parking lot to a multi-vehicle accident on the freeway.
ARS 28-661: Duty to Stop at the Scene
The foundational requirement. Any driver involved in an accident resulting in injury, death, or damage to an attended vehicle must immediately stop at the scene or as close to it as safely possible. This duty applies regardless of fault. Even if the other driver caused the accident, you are legally required to stop.
ARS 28-662: Duty to Give Information and Render Aid
After stopping, you must provide your name, address, vehicle registration number, and driver's license to the other driver or occupants, to any person injured in the accident, or to a law enforcement officer at the scene. If anyone is injured, you must also render reasonable assistance, which includes calling emergency services and, if necessary, arranging transportation to a medical facility.
ARS 28-663: Duty to Report
If the accident results in injury, death, or apparent property damage of $2,000 or more, the driver must immediately notify local police or the Arizona Department of Public Safety. This reporting obligation is separate from and in addition to exchanging information with the other parties.
ARS 28-664: Striking an Unattended Vehicle or Property
If you hit a parked car, fence, mailbox, or other unattended property, you must make a reasonable effort to locate the owner. If you cannot find the owner, you must leave a written notice in a conspicuous place on the damaged vehicle or property. The notice must include your name, address, phone number, and vehicle registration number, along with a brief description of what happened.
ARS 28-665: Duty of Passenger
If a driver fails to comply with the duties described above, any passenger who was aware of the accident is required to report it. While passengers face lesser consequences than drivers, they are not entirely free of obligation under Arizona law.
Arizona law does not distinguish between "minor" and "major" accidents when it comes to the duty to stop. Bumping a car in a parking lot, clipping a side mirror, or knocking over a mailbox all trigger the same legal obligations. Leaving the scene of any accident -- even one involving only minor property damage -- is a criminal offense.
Hit and Run Classifications and Penalties
The severity of a hit and run charge in Arizona depends entirely on the consequences of the accident. Property-damage-only cases are misdemeanors. Cases involving injury or death are felonies with substantially harsher penalties.
| Scenario | Classification | Maximum Jail/Prison | Maximum Fine | License Consequence |
|---|---|---|---|---|
| Unattended vehicle/property (ARS 28-664) | Class 2 misdemeanor | 4 months jail | $750 + surcharges | Points assessed |
| Property damage only -- attended vehicle (ARS 28-661) | Class 3 misdemeanor | 30 days jail | $500 + surcharges | Points assessed |
| Accident causing injury (ARS 28-661) | Class 4 felony | 3.75 years prison | $150,000 + surcharges | License revocation |
| Accident causing serious injury | Class 3 felony | 8.75 years prison | $150,000 + surcharges | License revocation |
| Accident causing death (ARS 28-661) | Class 2 felony | 12.5 years prison | $150,000 + surcharges | License revocation |
Note: Fine amounts shown are base maximums. Arizona courts add surcharges and assessments that can significantly increase the total. Felony convictions also carry mandatory restitution to victims, which can add tens of thousands of dollars to the financial consequences.
What Counts as "Leaving the Scene"
Arizona's definition of leaving the scene is broader than many people realize. You do not have to flee at high speed for prosecutors to charge you with hit and run. Any of the following can result in criminal charges:
- Driving away from any collision without stopping, even if you believe the damage is minor
- Stopping briefly but leaving before exchanging information or before law enforcement arrives (if required)
- Hitting a parked car in a parking lot and driving away without leaving a note or attempting to find the owner
- Striking a mailbox, fence, or other property and failing to locate the owner or leave notice
- Stopping and providing some information but failing to render aid to an injured person
- Leaving before police arrive when the accident involved injury, death, or significant property damage
A common misconception is that parking lot collisions are "not real accidents" or that different rules apply. They do not. If you hit another vehicle in a parking lot and leave without exchanging information or leaving a note, you can be charged with a class 2 misdemeanor under ARS 28-664 -- up to 4 months in jail and $750 in fines plus surcharges.
Additional Consequences Beyond Criminal Penalties
A hit and run conviction carries consequences that extend well beyond the courtroom:
- Criminal record: Felony hit and run creates a permanent criminal record that appears on background checks, affecting employment opportunities, professional licensing, and housing applications
- License revocation: Felony hit and run results in mandatory license revocation -- not just suspension. Reinstatement requires meeting specific conditions and is not guaranteed
- Insurance impact: A hit and run conviction can cause your insurance premiums to skyrocket or result in policy cancellation. Many insurers classify hit and run drivers as high-risk, forcing them into expensive SR-22 insurance
- Restitution: Courts order restitution to cover the victim's property damage, medical expenses, lost wages, and other costs. This is separate from fines and can amount to tens of thousands of dollars
- Civil liability: In addition to criminal penalties, victims can file a civil lawsuit for damages. Leaving the scene often strengthens the victim's civil case
- Immigration consequences: For non-citizens, a felony hit and run conviction can trigger deportation proceedings or bar future immigration applications
What to Do If You Are Charged with Hit and Run
If you are facing a hit and run charge in Arizona, the steps you take immediately after being charged can significantly affect the outcome of your case. Here is what you should know:
Do Not Speak to Investigators Without an Attorney
You have the right to remain silent under the Fifth Amendment. Anything you say to police or investigators can and will be used against you. Politely decline to answer questions beyond providing your identification, and state that you want to speak with an attorney before making any statements.
Gather Evidence Early
If possible, document everything you can remember about the incident while it is fresh in your mind. Write down the time, location, road conditions, visibility, and any circumstances that may be relevant. If you returned to the scene or attempted to contact the other party after the fact, document that as well -- it can be important for your defense.
Understand That Returning to the Scene Can Help
If you left the scene but returned shortly after, or if you contacted the police to report the accident on your own, these facts can work in your favor. While they do not erase the initial departure, they demonstrate that you did not intend to permanently evade responsibility.
Get a Criminal Defense Attorney
Hit and run charges -- especially felony charges involving injury or death -- require experienced criminal defense representation. A traffic attorney who handles routine speeding tickets is not the right fit for these cases. You need an attorney who specializes in criminal defense and has experience with Arizona's hit and run statutes.
Because hit and run is a criminal offense, it falls outside the scope of Traffic Ticket Buddy's standard subscription plans, which cover civil traffic violations like speeding and red light tickets. However, subscribers who submit a hit and run violation through the platform are connected with a specialized criminal defense attorney in their area who handles these cases. This ensures you get the right type of legal representation for the severity of the charge.
Common Defenses in Arizona Hit and Run Cases
Every case is different, but criminal defense attorneys commonly explore several defense strategies in hit and run cases:
- Lack of knowledge: You genuinely did not know an accident occurred. In heavy traffic or with a large vehicle, it is possible to make contact with another vehicle or object without realizing it. The prosecution must prove you knew or should have known an accident happened.
- Misidentification: The wrong person was identified as the driver. Witness descriptions can be unreliable, especially in low-light conditions or fast-moving situations. Surveillance footage may be inconclusive.
- Voluntary return: You left the scene but returned shortly after or reported the accident to police on your own. While this does not eliminate the charge, it can lead to reduced charges or more favorable sentencing.
- Emergency circumstances: You left the scene because you reasonably believed staying posed a danger to your safety -- for example, in a road rage situation or if you were being threatened.
- Constitutional violations: Evidence was obtained through an illegal search, or your rights were violated during the investigation.
Facing a hit and run charge?
Hit and run is a criminal offense that requires specialized legal representation. Traffic Ticket Buddy connects subscribers with criminal defense attorneys who handle these cases.
Get Connected with an Attorney or see how it works →How the Criminal Referral Process Works
Traffic Ticket Buddy subscription plans are designed for civil traffic violations -- speeding tickets, red light violations, and similar infractions. Hit and run, along with other criminal offenses like DUI and reckless driving, falls outside the scope of standard plan coverage.
However, when a subscriber submits a hit and run violation through the platform, the system identifies it as a criminal matter and initiates a criminal referral flow. Here is what that looks like:
- Submit your violation through the Traffic Ticket Buddy member portal as you would with any ticket
- The system identifies the violation as a criminal offense and flags it for the criminal referral process
- You are connected with a criminal defense attorney in your area who specializes in handling hit and run cases
- The attorney contacts you directly to discuss your case, explain your options, and begin building your defense
This process ensures you are matched with the right type of attorney for your situation -- someone experienced in criminal defense, not just routine traffic violations. The goal is to make sure you have qualified representation for a charge that carries serious consequences.
Frequently Asked Questions
What are the penalties for a hit and run in Arizona?
Penalties depend on the severity of the accident. A hit and run involving only property damage is a class 2 or class 3 misdemeanor, carrying up to 4 months in jail and fines up to $750 plus surcharges. If the accident caused injury, it becomes a class 4 felony with up to 3.75 years in prison. If someone died, it can be charged as a class 2 felony with up to 12.5 years in prison. All felony hit and run convictions include mandatory license revocation and restitution to victims.
Is hitting a parked car and leaving considered a hit and run in Arizona?
Yes. Under ARS 28-664, if you strike an unattended vehicle or property, you must stop and either locate the owner or leave a written notice in a conspicuous place with your name, address, phone number, and vehicle registration number. Failing to do so is a class 2 misdemeanor punishable by up to 4 months in jail and fines up to $750 plus surcharges.
Does a hit and run charge in Arizona affect my driving record?
Yes. A hit and run conviction results in points on your driving record and can trigger license suspension or revocation depending on severity. Felony hit and run involving injury or death results in mandatory license revocation. The conviction also appears on criminal background checks, affecting employment, housing, and insurance for years.
Does Traffic Ticket Buddy cover hit and run charges?
Hit and run is a criminal offense that is not covered under Traffic Ticket Buddy subscription plans, which are designed for civil traffic violations. However, subscribers who submit a hit and run violation through the platform are connected with a specialized criminal defense attorney in their area through the criminal referral process. This ensures you get the right type of legal representation for the severity of the charge.