Whether in the Phoenix area, or anywhere in Arizona, per A.R.S. § 28-661, § 28-662, § 28-663, § 28-664, and § 28-665, "Leaving the Scene of an Accident" or "Hit and Run" occurs when a person is involved in an accident (whether it is their fault or not) and they fail to immediately stop the vehicle at the scene, or as close to the accident scene as possible before returning, and exchange information and assistance. If the accident involved an unattended vehicle or a fixture on the highway, then the person must stop their vehicle and either locate and notify the owner or operator of an unattended vehicle that was stopped, or in a conspicuous place leave written notice giving their name and address and the owner of the vehicle which was involved in the collision.
If the accident involved serious physical injury or death, and the Defendant caused the accident, then this can be charged as a class three (3) felony. In addition to having your license revoked for five (5) years, you can be sentenced to the following punishment: for a first offense class three (3) felony, punishment can be probation with zero (0) days in jail up to one (1) year in jail; or prison range of two (2) years to eight and three quarters (8.75) years of incarceration. If the person has one (1) allegeable historical prior conviction, then the "prison only" range is three and one half (3.5) years to sixteen and one quarter (16.25) years of incarceration. If the person has two (2) allegeable historical prior convictions, then the "prison only" range is seven and one half (7.5) years to twenty-five (25) years of incarceration.
If the person did not cause the accident, then this can be charged as a class four (4) felony. In addition to having your license revoked for five (5) years, you can be sentenced to the following punishment: for a first offense class four (4) felony, punishment can be probation with zero (0) days in jail up to one (1) year in jail; or prison of one (1) year to three and three quarters (3.75) years of incarceration. If the person has one (1) allegeable historical prior conviction, then the "prison only" range is two and one quarter (2.25) years to seven and one half (7.5) years of incarceration. If the person has two (2) allegeable historical prior convictions, then the "prison only" range is six (6) years to fifteen (15) years of incarceration.
For all other Hit and Run accidents that did not cause serious physical injury or death, these can be charged as a class three (3) misdemeanor. A class three (3) misdemeanor carries a range of punishment of probation with up to thirty (30) days in jail. In addition, a fine of up to $500.00 plus an 80% surcharge can be imposed.
BEWARE: Any sentence imposed must run consecutively to any other sentence imposed for any other convictions where other charges are related to the accident.
In regards to Misdemeanor Hit and Run, the most common defenses that we see involve the fact that people did not realize that they actually struck another vehicle (i.e., when they were backing out of a parking space), or they believe that there was no real damage and they assumed they were being "waved by" in order to keep driving by the other vehicle. This sometimes occurs when there is a slight rear-end tap and the other vehicle drives on for a short ways and then makes a right-hand turn. The person who was behind the alleged victim's vehicle may believe "no harm no foul" and may keep driving. Other times, we see cases where an minor accident occurs late at night in a bad area of town and people are afraid that they are being "set up" for some type of Robbery. Sometimes they are worried that the situation will develop into a Road Rage, and this is why they leave the scene.
In regards to the more serious Felony crime of striking a pedestrian and leaving the scene, many times people do not realize that they actually stuck a person. They may believe that they struck an animal, or that somebody "threw something" at their vehicle. When this occurs, they are often hesitant to stop their vehicle because they think they are either "under attack", or they are being "set up" for some type of Robbery. A critical defense will be demonstrating that they acted as "reasonable person" would have acted under the same circumstances. It makes quite a bit of difference (when deciding whether you should stop your car) if you think somebody threw something at your car in a nice area of North Scottsdale, verses a bad area of Downtown Phoenix. It is important to conduct a proper accident reconstruction and thoroughly interview all vital witnesses in the case.
The "Common Defenses", which may apply in any criminal case are numerous and diverse. One of the most common defenses we encounter is a "Miranda Rights Violation". In Arizona, the standard of whether any inculpatory statement (i.e., a statement which tends to admit guilt) is admissible into evidence is based upon a "Voluntariness" standard. If we can demonstrate that the police coerced you (i.e., intimidated or tricked you) into making a confession or inculpatory statement, or that they did not properly read you your Miranda Rights, then we can suppress those statements and any evidence gathered as a direct result of those statements. In addition, "Denial of Right to Counsel" is another common defense which is often raised. This occurs when a suspect is in custody and requests to speak to their lawyer, but is denied and questioning continues. In certain cases (such as DUI) it is mandatory that you speak to an attorney as soon as possible in order to determine your rights before your body burns away the evidence of your presumably low alcohol content. Other defenses include challenging the validity of any search warrant, or whether there were any "forensic flaws" during the investigation of your case. This could include exposing flawed procedures regarding blood, breath, and urine testing; fingerprints analysis; DNA testing; ballistics; gunshot residue testing; computer analysis / "cloning hard drive" procedures; forensic financial accounting reviews; etc. Lastly, one of the most common defenses is exposing sloppy or misleading police reports which include everything from misstatements, false statements, flawed photo line-ups and inaccurate crime scene reconstruction.
It is important to hire an AV® rated law firm (the highest possible rating by Martindale Hubbell®), with the most Certified Criminal Law Specialists of any AV® rated Arizona Law Firm, per the Arizona Board of Legal Specialization. In addition, the Firm and all of it's lawyers are listed in the Bar Register of Preeminent Lawyers®. At the Law Offices of David Michael Cantor, P.C., the majority of our Attorneys are ex-Prosecutors, and all of our Attorneys know the system well. For a free initial consultation, call us at 1-888-822-6867, or click here to contact us now.
If your case involves Accident & Injury, Family & Divorce or Motorcycle Injury please visit our companion firm: Cantor Simon PLLC - www.cantorsimon.com
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Tempe, Arizona 85282
Dismissed |
04/24/08 |
Aggravated DUI, Aggravated DWI |
Dismissed |
04/14/08 |
Aggravated Assault w/Gun |
Not Guilty |
04/04/08 |
DWI Only(.092 Breath) |
Not Guilty |
03/25/08 |
DWI (.099 Breath) |
Not Guilty |
03/24/08 |
Aggravated DUI, Aggravated DWI |
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