Leaving-the-scene cases can begin under many different circumstances.
A driver may be accused of leaving immediately after a collision, stopping briefly but not remaining at the scene, failing to exchange required information, or leaving an injured person without providing reasonable assistance.
In other cases, police may begin an investigation after the driver has already left and attempt to identify the person through evidence such as:
An allegation that someone left an accident scene does not automatically establish every element of the offense.
The circumstances surrounding what happened before, during, and immediately after the collision can become extremely important.
Attorney Chad Pajerski may examine whether the accused was actually driving the vehicle, whether they knew or reasonably should have known that a collision occurred, whether they stopped or attempted to comply with Arizona law, whether injuries were apparent, and whether the required information or assistance was provided.
He can also examine how law enforcement identified the suspected driver and whether statements, cellphone information, vehicle evidence, or other evidence were lawfully obtained.
With more than 20 years of criminal defense experience, Chad works directly with clients to understand what happened and develop a defense based on the specific evidence involved.
If you are facing a leaving-the-scene investigation or criminal charge in Phoenix, contact Pajerski Law for a free case evaluation.
Arizona law creates several duties for drivers following certain vehicle accidents.
Under A.R.S. § 28-661, a driver involved in an accident resulting in injury or death must stop and remain at the scene until the requirements of A.R.S. § 28-663 have been satisfied.
Similar requirements apply to accidents involving only damage to a vehicle that is being driven or attended by another person.
Depending on the circumstances, a driver may be required to:
The driver should make the stop without unnecessarily obstructing traffic.
Under A.R.S. § 28-663, a driver involved in certain accidents must provide information that includes:
The exact obligations depend on the type of accident involved.
When someone is injured, Arizona law also requires the driver to render reasonable assistance.
This can include making arrangements to transport an injured person to a physician, surgeon, or hospital when it is apparent that medical treatment is necessary or when the injured person requests transportation.
What a driver was legally required to do depends on the circumstances of the accident, including whether someone was injured and what type of property was involved.
Accidents involving physical injury or death carry some of the most serious consequences under Arizona's leaving-the-scene laws.
Under A.R.S. § 28-661, a driver involved in an accident resulting in injury or death must immediately stop at the accident scene, or as close to it as possible, and remain until the requirements of A.R.S. § 28-663 have been fulfilled.
The potential felony classification depends heavily on the seriousness of the resulting harm.
When an accident results in death or serious physical injury, a driver who fails to stop or comply with Arizona's requirements can face a Class 3 felony.
If the driver also caused the accident, the offense can instead be classified as a Class 2 felony.
This distinction can significantly affect the potential consequences of the case.
Investigators and prosecutors may therefore examine both what happened after the collision and what allegedly caused the collision in the first place.
Evidence may include:
When an accident causes physical injury that does not qualify as death or serious physical injury, failing to stop or satisfy the statutory requirements can result in a Class 5 felony.
The severity and nature of the alleged injury can therefore become an important issue.
A leaving-the-scene charge can also exist separately from other criminal allegations arising from the same collision. Depending on the circumstances, a person may face allegations involving DUI, reckless driving, aggravated assault, manslaughter, or another criminal offense.
Chad Pajerski can examine both the leaving-the-scene accusation and any additional charges to determine how the allegations and evidence interact.
Not every leaving-the-scene case involves physical injury.
Under A.R.S. § 28-662, when an accident results only in damage to a vehicle that is being driven or attended by another person, the driver must generally stop and remain at the scene until the applicable information requirements have been satisfied.
Failing to stop or comply with these requirements is a Class 1 misdemeanor in Arizona.
Potential consequences may include:
Arizona law also allows a court to order the suspension of a person's driving privilege for up to one year following a conviction under A.R.S. § 28-662.
A property-damage case is generally treated less severely than an accident involving physical injury or death, but it can still result in a criminal record and significant consequences.
If there is a dispute over whether the driver stopped, exchanged the required information, or was even involved in the accident, Chad Pajerski can examine the available evidence and determine what defenses may apply.
Arizona has separate requirements for accidents involving unattended vehicles, including parked cars.
Under A.R.S. § 28-664, a driver who collides with an unattended vehicle must immediately stop.
The driver must then either locate and notify the owner or operator of the vehicle or leave a written notice in a conspicuous place on the damaged vehicle.
That notice generally must provide identifying information for the driver and owner of the vehicle that caused the damage.
Leaving the scene without taking the legally required steps can still result in criminal charges. A violation of A.R.S. § 28-664 is classified as a Class 1 misdemeanor.
These cases may involve questions about whether contact actually occurred, whether the driver realized another vehicle had been damaged, whether identifying information was left, and whether police can prove who was driving.
Attorney Chad Pajerski can review the circumstances surrounding the incident and the evidence police are using to connect a person to the alleged accident.
"Hit and run" is the phrase commonly used to describe situations in which a driver allegedly leaves after an accident; however, Arizona law does not treat every hit-and-run allegation as one identical criminal offense.
The applicable law depends on what happened during the accident. For example:
The criminal classification can therefore range considerably depending on whether the accident resulted in property damage, physical injury, serious physical injury, or death.
Leaving the scene of an accident can affect more than someone's criminal record or freedom. A conviction may also result in significant driver's license consequences.
For convictions involving death or serious physical injury under A.R.S. § 28-661, Arizona law requires driver's license revocation.
The current revocation periods include:
Time spent incarcerated is not included when calculating those revocation periods.
For a conviction involving other physical injury under subsection D of A.R.S. § 28-661, the driver's license revocation period is 3 years.
In a property-damage-only case under A.R.S. § 28-662, a court may order the person's driver's license suspended for one year.
These consequences can affect a person's ability to work, support their family, attend appointments, and complete ordinary responsibilities.
People choose Chad Pajerski because leaving-the-scene cases can involve complicated questions about what happened at the accident scene, what the driver knew, and whether the evidence actually supports the charge.
When you work with Pajerski Law, you can expect:
Leaving the scene of an accident can result in misdemeanor or felony charges depending on the circumstances and the harm caused. Cases involving serious physical injury or death can carry particularly serious criminal and driver's license consequences.
If you or a loved one has been arrested, charged, or is under investigation for leaving the scene of an accident in Phoenix, contact Pajerski Law to schedule your free case evaluation.
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