Phoenix Vehicular Crimes Defense Lawyer – Driving & Traffic Offenses in Arizona

This guide covers the Arizona charges we most often see tied to vehicles: hit‑and‑run (leaving the scene), felony leaving the scene involving injury/death, driving on a suspended/revoked license, reckless and aggressive driving, criminal (excessive) speed, obstructing a highway, endangerment, vehicular aggravated assault, unlawful/felony flight, and vehicular manslaughter/negligent homicide, causing serious physical injury or death by a moving violation. It’s written for clients and families who want a clear, practical roadmap that is legally accurate and ethically sound under Arizona law.

Quick Snapshot: The Most-Charged Arizona Vehicular Offenses

• Hit & Run / Leaving the Scene
  • Property damage only: duty to stop and exchange info (Class 2 misdemeanor).
  • Injury/Death: felony leaving the scene; penalties depend on whether injury is “serious physical injury” and whether the driver caused the crash (A.R.S. § 28‑661).
  • Duties: identify yourself and render reasonable aid (A.R.S. § 28‑663).
• Driving on a Suspended/Revoked License (A.R.S. § 28‑3473)
  • Typically a Class 1 misdemeanor; fines and potential jail time.
• Reckless Driving (A.R.S. § 28‑693)
  • Class 2 misdemeanor (first); 2nd time is a Class 1 with 20 days mandatory jail; 8 points to license and possible suspension.
• Aggressive Driving (A.R.S. § 28‑695): requires speeding and at least two other specified moving violations while creating an immediate hazard; Class 1 misdemeanor, 8 MVD points.
• Criminal/Excessive Speed (A.R.S. § 28‑701.02)
  • Class 3 misdemeanor: 20+ over posted; or >35 in school zone, 3 MVD points.
• Racing / Exhibition of Speed (A.R.S. 28-708)
  • A first offense is a Class 1 misdemeanor, 8 MVD points; but repeat offenses within 24 months can become a felony, with license suspension or revocation.
• Obstructing a Highway or Public Thoroughfare (A.R.S. § 13‑2906)
  • Generally Class 2 misdemeanor (facts can enhance exposure).
• Endangerment (A.R.S. § 13‑1201)
  • Class 1 misdemeanor unless conduct created a substantial risk of imminent death (Class 6 felony). A car can be a “dangerous instrument.”
• Vehicular Aggravated Assault (A.R.S. § 13‑1204)
  • Usually charged when driving conduct causes serious physical injury or involves a dangerous instrument (the vehicle). Frequently designated dangerous felony with mandatory prison time of 5-15 years if convicted.
• Unlawful (Felony) Flight from Law Enforcement (A.R.S. § 28‑622.01)
  • Class 5 felony to willfully flee/attempt to elude a marked police unit with lights/siren.
• Vehicular Manslaughter / Negligent Homicide (A.R.S. §§ 13‑1103, 13‑1102)
  • Filed after fatal crashes; prosecutors may allege recklessness (manslaughter) or criminal negligence (negligent homicide). DUI can be an aggravating factor.
• Moving Violation Causing Death or Serious Injury (A.R.S. § 28-672)
  • Class 1 Misdemeanor, if a civil traffic violation results in serious injury or death the driver could face a 1 year license revocation and up to 6 months in jail.

Appellate Guidance that Actually Matters (in Plain English)

• Leaving the Scene (A.R.S. § 28‑661): Arizona appellate courts have distinguished felony classes by injury severity and whether the driver caused the crash; courts strictly enforce the requirement to remain, identify, and render aid. (See statutory framework and classification in § 28‑661 and companion duties in § 28‑663.)
• Aggressive Driving (A.R.S. § 28‑695): The statute expressly requires speeding + at least two enumerated violations and creating an immediate hazard—officers sometimes miss an element. We routinely dissect the body‑cam to confirm each required element is actually present.
• Criminal Speed (A.R.S. § 28‑701.02): The bright‑line thresholds (>85 mph; 20+ over; >35 in school zones) are statutory, not discretionary—if discovery shows faulty speed measurement or wrong zone/timing, the charge can collapse.
• Unlawful Flight (A.R.S. § 28‑622.01): The State must prove the driver knew it was police (marked unit with lights/siren) and willfully fled or attempted to elude. Short, safe pulls to the next lighted spot are not “flight” when the video supports a reasonable safety motive.
• “Dangerous Instrument” (Endangerment/Aggravated Assault): Arizona’s jury instructions and statutes recognize a vehicle as a potential dangerous instrument depending on how it’s used—this drives exposure to dangerous‑felony sentencing if serious injury results.

Note: We’re citing statutes and jury‑instruction principles rather than cherry‑picked case quotes to keep this practical and accurate.

How We Defend These Cases (Inside the Phoenix/Maricopa Playbook)

1) Hit & Run / Leaving the Scene

What the State must prove: you knew or reasonably should have known of the collision and failed statutory duties (stop, identify, render reasonable aid). Property‑damage‑only incidents are charged under § 28‑662; injury/death triggers § 28‑661.

Tactics that work:

• Knowledge defense: Lighting, impact severity, cabin noise, and vehicle size can support “no knowledge” of a minor impact. We pair forensic collision analysis with your dash‑cam/telematics (if available).
• Cure by return/cooperation: Prompt return or rapid contact with police/insurer can mitigate, especially in property‑damage‑only cases.
• Statutory‑duty compliance on video: Body‑cam often reveals you did exchange info/help—that matters.

Hypothetical: A rideshare driver sideswipes a construction barrier at night, hears nothing over highway noise, exits two miles later. The next day, they call insurance and police. We gather toll footage and cabin‑noise testing; if no knowledge is credible and duties were performed upon learning, we’ve resolved similar fact patterns to non‑criminal outcomes or civil‑only dispositions.

2) Felony Leaving the Scene with Injury/Death (A.R.S. § 28‑661)

Key leverage points: Was the injury “serious physical injury”? Did your driving cause the collision? Those answers affect felony classification and exposure. (Subsections differentiate class levels.)

Our approach:

• Medical‑records audit (injury actually “serious” under Title 13?)
• Accident‑reconstruction (causation; comparative fault)
• Early victim‑restitution dialogue (can influence prosecutorial posture)

3) Driving on a Suspended/Revoked License (A.R.S. § 28‑3473)

Defenses we explore: lack of MVD notice, out‑of‑state record errors, identity mismatches, or an MVD compliance fix prior to disposition. Rapid MVD cleanup often changes outcomes (e.g., diversionary pleas or dismissals in some courts).

4) Reckless Driving (A.R.S. § 28‑693)

Element to scrutinize: “reckless disregard” for safety—more than simple negligence. We fight these with context (traffic density, weather, safe lane availability) and dash‑cam timing that shows defensive rather than reckless maneuvers.

5) Aggressive Driving (A.R.S. § 28‑695)

Checklist defense: The State must show speeding plus two enumerated violations (e.g., unsafe lane change, following too closely, failure to obey traffic control device, passing on the right, failure to yield), and that you created an immediate hazard—miss one and the case fails. We map each alleged violation to time‑stamped video and traffic‑engineering data.

Hypothetical: Morning commute on I‑10: officer cites “speeding, unsafe lane change, following too closely.” Our expert measures gap distance and closing speeds—if the following distance was within safe‑stop metrics, we’ll push to reduce to civil moving violations or dismiss.

6) Criminal/Excessive Speed (A.R.S. § 28‑701.02)

Where these cases win: speed‑measurement reliability (LIDAR calibration, cosine error, beam divergence, obstructions), posted‑limit proof, and school‑zone signage/timing. The statute’s thresholds are fixed; proof must be too.

7) Obstructing a Highway (A.R.S. § 13‑2906)

Often charged from protests, breakdowns, or impromptu “street takeovers.” We evaluate lawful order warnings, lawful purpose (emergency), and whether a less‑restrictive alternative was feasible.

8) Endangerment (A.R.S. § 13‑1201) — “Vehicular Endangerment”

The leap to felony requires proof your driving created a substantial risk of imminent death. We counter with speed‑to‑stop math, sight‑line studies, and no‑injury/no‑near‑miss footage. If the State also alleges a “dangerous” designation (vehicle as dangerous instrument), we contest that with how (not merely that) the car was used.

9) Vehicular Aggravated Assault (A.R.S. § 13‑1204)

Charged when a crash causes serious physical injury or when a vehicle is used as a dangerous instrument. We litigate causation (other driver’s fault, roadway design), seriousness (medical proof), and push to non‑dangerous designations where facts allow (critical for sentencing).

10) Unlawful (Felony) Flight (A.R.S. § 28‑622.01)

Two big issues: (1) Did you know it was law enforcement (marked unit; lights/siren)? (2) Did you willfully fail to stop vs. reasonably proceed to a safe, well‑lit location? Patrol‑car video is decisive. We highlight turn‑signal use, hazard lights, reduced speed to show compliance intent, not flight.

Hypothetical: A driver merges onto the 101, activates hazards, takes the next exit to a gas station before stopping. With video and 911 call timing (if any), we’ve negotiated dismissal of a felony‑flight charge.

11) Vehicular Manslaughter / Negligent Homicide (A.R.S. §§ 13‑1103, 13‑1102)

The State must prove recklessness (manslaughter) or criminal negligence (negligent homicide). We retain accident‑reconstructionists early, subpoena ECM/airbag data, and examine human‑factors (glare, occlusions, unexpected pedestrian behavior). Where DUI is alleged, we litigate toxicology timing and causation—impairment must connect to the fatal outcome.

What We Do Differently (and Why It Matters)

• Early video capture wins cases. We preserve body‑cam, dash‑cam, traffic cameras, and nearby business video before it auto‑purges (sometimes in as little as 15–30 days).
• Forensic speed & distance analysis. We use time‑over‑distance from video frames, not just LIDAR printouts.
• MVD + court strategy in sync. We handle criminal and administrative tracks together so a win in one isn’t undone by the other.
• Mitigation that prosecutors actually consider. Timely restitution offers, defensive‑driving/traffic survival school, verified employment/education commitments, and treatment (when relevant) can move a case from jail‑heavy to alternative outcomes.

Sample, Client‑Friendly Scenarios

• “I didn’t even know I hit something.” We marshal cabin‑noise testing and weak‑impact physics to support a no‑knowledge defense, then document prompt reporting and civil resolution to aim for dismissal or reduction in § 28‑662 matters.
• “The officer stacked aggressive‑driving counts.” We walk through § 28‑695’s checklist on body and dash camera as well as reviewing officer AVL data. If the State can’t prove speeding + two enumerated violations and an immediate hazard, we move to dismiss or take the case to trial.
• “They called it felony flight.” The stop location wasn’t safe; video shows hazards on, steady speed to a lit lot. We argue no willful eluding, pushing to 28‑622 (misdemeanor) or better.
• “Criminal speed in a school zone.” We verify signage placement and school‑zone activation times against the citation time and officer’s notes; if they don’t line up, § 28‑701.02 fails.

FAQs We Hear Every Week

Is every crash + departure a felony? No. Property‑damage‑only incidents fall under § 28‑662 (misdemeanor). Injury/death triggers § 28‑661 (felony), but classification depends on injury severity and causation.

Can “reckless” or “aggressive” driving be added to a simple speed case? Only if the statutory elements are met and supported by evidence (video helps us test that).

What makes endangerment a felony? Proof your driving created a substantial risk of imminent death (not just possible harm). The vehicle can be a dangerous instrument depending on how it’s used.

Talk to a Phoenix Vehicular‑Crimes Defense Lawyer Today

I’m Zalman Sapad, Founding Partner at Arizona Justice Law Group. If you or a loved one is facing any of the charges above, call (602) 730‑1756, email ArizonaJusticeLawyer@gmail.com, or use our contact form. We’ll review your police reports, video, and MVD status fast and map a plan that protects your record, license, and future.