Phoenix Hit‑and‑Run Defense Lawyer – (Leaving the Scene) in Arizona

What the Law Really Requires—and How We Defend You

Quick Overview: Which “Leaving the Scene” Law Applies?

Arizona has several separate statutes. Which one the prosecutor files depends on what (or who) was struck and whether anyone was hurt.

• A.R.S. § 28‑661 – Accident Involving Injury or Death (Felony): Requires the driver involved in a crash that results in injury or death to stop, remain, and provide aid/info under § 28‑663. – If death or serious physical injury resulted: leaving is a Class 3 felony, or a Class 2 felony if the driver caused the crash. – If any other injury resulted: leaving is a Class 5 felony.
• A.R.S. § 28‑662 – Accident Involving Vehicle Damage (Misdemeanor): Requires stopping, remaining, and exchanging info when another vehicle is damaged. If you leave, it is a Class 1 misdemeanor.
• A.R.S. § 28‑663 – Duty to Give Information and Aid: Everyone involved must provide name, address, registration, show a driver license, and give reasonable assistance to injured persons. – Failing to give info is a Class 1 misdemeanor. – Failing to render reasonable assistance is a Class 6 felony.
• A.R.S. § 28‑664 – Striking an Unattended Vehicle: Stop and try to locate the owner or leave a note; Class 1 misdemeanor.
• A.R.S. § 28‑665 – Striking Highway Fixtures/Property: Notify the property owner or appropriate authority; Class 1 misdemeanor.

Drivers Only: Arizona’s “duty to remain” applies to drivers involved in the crash. Bystanders/witnesses are not required by these statutes to stay at the scene, and they are not chargeable with “leaving the scene” for walking away.

What Counts as “Leaving the Scene”? (And What Doesn’t.)

To comply, a driver must: stop, remain, exchange required information, and render reasonable aid when someone is hurt. Simply turning off your ignition isn’t enough; if you drive away (or walk away without providing info/aid), prosecutors will argue “leaving the scene.”

Hypothetical 1 (Unattended car): You clip a mirror in a parking lot and leave without a note. That’s § 28‑664 (Class 1 misdemeanor). Quick action—returning, reporting, and paying for repairs—often helps us negotiate a non‑criminal disposition.

Hypothetical 2 (Minor accident no damage): A low‑speed bumper tap causes an accident — there is no damage, the driver leaves, they can still be charge with Hit and Run for failure to exchange information.

Hypothetical 3 (Confusion/chaos): Multi‑car pileup at dusk. You pull ahead for safety, then panic and go home. Later that night you report to police. We routinely argue no intent to evade and substantial compliance, then back it with timeline proofs (calls, photos, telematics) to reduce exposure.

Inside the Playbook: How We Build Hit‑and‑Run Defenses

Zalman Sapad and our team focus on fast facts, not assumptions. In Maricopa County, these cases often rise or fall on video and paperwork details.

1. Video First. Intersection cameras, business CCTV, and LPR hits disappear quickly. When police or a third party loses or destroys helpful footage, we seek a Willits adverse‑inference instruction (jury may infer the missing evidence would have been favorable to the defense). We’ve used this in traffic‑crash prosecutions to meaningful effect.
2. Identity & Involvement. “Registered owner” ≠ “driver.” We scrutinize the timeline, driver statements, phone/location data, tow records, and repair estimates to separate who owned the car from who operated it.
3. Knowledge & Notice. For felony‑leaving (§ 28‑661), the State must prove you knew or should have known of injury; minor contact at highway speed ≠ obvious injury. We gather vehicle‑damage analyses and witness statements to contest what was perceptible from the driver’s seat at that moment.
4. Aid & Reasonableness. On a busy freeway at night, stopping “right here” may be unsafe. If a client moved to a shoulder, called 911, or returned promptly, we frame that as reasonable compliance with § 28‑663—especially where waiting at the exact impact point increased danger.
5. Restitution & Insurance. In misdemeanor property‑damage cases, rapid restitution and verified coverage can materially change charging and plea posture. We coordinate with carriers early and document full make‑whole efforts.
6. License Fallout. Convictions under § 28‑661 can trigger mandatory MVD revocation (length varies by injury severity; the statute directs revocation upon conviction). We plan reinstatement steps from day one so there are no surprises at sentencing.

Caselaw Touchstones (Why They Matter in Your Case)

• Statutory Duties & Classifications — The plain text of §§ 28‑661, ‑662, ‑663, ‑664, and ‑665 controls what you must do and how a case is classified (felony vs. misdemeanor). We cite the statutes directly to push back when charging decisions overreach.
• Missing/Destroyed Evidence (Willits) — When crash video or photos that could help the defense are lost or were not preserved by the State, Arizona courts allow a Willits instruction so jurors may infer the evidence would have favored the accused. We preserve that issue early and litigate it aggressively at trial and on appeal.

(We deliberately avoid citing non‑binding blog summaries or outdated classifications; the links above are to the current Arizona statutes and a recent Arizona Supreme Court opinion discussing Willits.)

What Outcomes Can Be Realistic?

We never promise results—but the earlier you call, the more options we can create. For misdemeanor leaving‑the‑scene cases (§§ 28‑662, ‑664, ‑665), we often negotiate reductions when clients: (1) accept responsibility, (2) make verified restitution, and (3) complete proactive classes. For felony § 28‑661 cases, strategy focuses on knowledge, aid rendered, causation, and mitigation (medical records, safe‑stopping facts, and immediate cooperation).

Common Mistakes That Make Cases Harder

• Posting or messaging about the crash.
• Getting repairs before we photograph/document the vehicle.
• Contacting the other driver directly (let us handle all victim contact).
• Missing short‑fuse video preservation windows.

Talk to a Phoenix Hit‑and‑Run Defense Lawyer Now

Arizona Justice Law Group move fast to preserve video, control the narrative, and protect your license and record.

📞 Call (602) 730‑1756

📧 ArizonaJusticeLawyer@gmail.com

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