(602) 307-0808

Call Now, Open 24/7

Excellent Google Reviews, Best Criminal Defense Lawyer in Phoenix, Arizona

Hit and Run in Arizona (Leaving the Scene of an Accident) | A.R.S. §28-661

Ranking Arizona Logo
Super Lawyers Logo
Avvo Logo
Excellent Google Reviews, Best Criminal Defense Lawyer in Phoenix, Arizona
Table of Contents

Hit and Run in Arizona (Leaving the Scene of an Accident) | A.R.S. §28-661

By DM Cantor, a Top-Ranking Criminal Defense firm in Arizona for the last 6 years in a row by Ranking Arizona Magazine!  (2020, 2021, 2022, 2023, 2024, 2025)

The Best Arizona Criminal Defense Lawyer - Ranking Arizona Logo- DM Cantor
DM Cantor, Best Criminal Defense, DUI and Sex Crimes Lawyer in Arizona

DM Cantor’s Board Certified Criminal Law Specialists (Left to Right) Managing Partner, Christine Whalin; Founding Partner, David Michael Cantor

Over 165 Complete Criminal Jury Trial Acquittals (i.e., Not Guilty on All Charges).  The most in Arizona history by a single law firm!

Plus an additional 3,000 DUI/Vehicular Crime Dismissal and Reduction DUI Case Victories!!

Beware:  Any law firm or Attorney can have DM Cantor’s Phoenix Hit and Run Attorney website information rewritten by Artificial Intelligence (AI), and then they can post it online as their own “knowledge base.”  But, they cannot falsely list our Jury Trial Complete Acquittals, or our Board Certifications, as their own.  Also, many attorneys claim that they “specialize” in criminal defense, but only a “Board-Certified Criminal Law Specialist” is allowed by the State Bar of Arizona to use this title as their own, per the Arizona Board of Legal Specialization.

Board Certified Criminal Law Specialization

Board Certified Specialists | Top Phoenix Sex Conduct Lawyer

As of the start of 2025, the State Bar of Arizona Board of Legal Specialization listed only 62 Criminal Law Specialists in the entire State.  Of these 62, only 41 are located in Maricopa County and are allowed to handle private cases.  DM Cantor has 2 Board-Certified Criminal Law Specialists, no other law firm in Arizona has more.  When defending Hit and Run Allegations, it is critical to have as many Board-Certified Criminal Law Specialists on your Legal Team as is possible.

The Specialization process is so rigorous that only 34 current Criminal Law Specialists were Certified since the turn of the Century!  In addition, all Specialists must be approved for Re-Certification every 5 years.  At DM Cantor, our 2 Board Certified Criminal Law Specialists have conducted Jury Trials on countless Hit and Run cases.

Every Major Felony Hit and Run case defended by DM Cantor includes at least 1 Board Certified Criminal Law Specialist on the legal team who is directly handling or supervising the Defense.

We wouldn’t have it any other way.

The Best Phoenix Hit and Run Law Team in Arizona

How do you know who has the best Hit and Run Legal Defense Firm in Arizona?  You begin by looking at the team’s experience.  David Michael Cantor is a former Prosecutor, and a highly experienced Hit and Run in Arizona Attorney who became a member of the Arizona State Bar in 1989.  David then began his Arizona legal practice as an Assistant City Prosecutor for the City of Phoenix.  Considered as one of the Top Hit and Run Defense Lawyers in Arizona, he then founded his own Criminal Defense firm and Arizona Hit and Run Defense Team, DM Cantor.

David is a highly-skilled Hit and RunDefense Lawyer who knows the Hit and Run laws backward and forward, and he will vigorously fight the Arizona State Attorney General or County Prosecutor on your behalf. Phoenix Hit and Run Lawyer, and Criminal Defense Attorney David Cantor, wrote this webpage in order to give you an Arizona Hit and Run overview as to how the DM Cantor Phoenix Hit and Run Attorney Defense Team can prove your Innocence if you have been Falsely Accused of Hit and Run. So whether you have a single Hit and Run charge, or multiple charges, contact DM Cantor today!

In addition to Phoenix area experience, you next look to the Hit and Run Defense Lawyer’s Results and Certifications.  In addition to David Cantor being a Board-Certified Criminal Law Specialist, his partner (Christine Whalin) is also a Certified Criminal Law Specialists as well.  No other Arizona Criminal Defense Firm has as many Complete Jury Trial Acquittals as DM Cantor.  Click on the link below to see Questions to Ask when Interviewing a Hit and Run Attorney to represent you in your Court case.

Beware: Be very cautious of visiting with a Criminal Law Firm who has you meet with a Non-Attorney Salesperson, rather than a Licensed Attorney.  They will then try to sell their “legal services,” even though they are not allowed by the State Bar of Arizona to give legal advice.  DM Cantor always has you meet with one of the Partners and Certified Criminal Law Specialists in our office when consulting us regarding a Hit and Run charge.

What is Leaving the Scene of an Accident in Arizona?

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, 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 the unattended vehicle, or in a conspicuous place leave written notice giving their name and address of the owner of the vehicle which was involved in the collision.

Watch this short video where David explains Hit and Run / Leaving the Scene in Arizona:

Punishment for Hit and Run / Leaving the Scene

Being charged with hit and run can carry harsh penalties and even prison time! Depending on the details of the incident, the punishments can range from the following.

If the accident involved serious physical injury or death, and the defendant caused the accident, then this can be charged as a class two (2) felony. You can be sentenced to the following punishments:

  • Probation with zero (0) days in jail up to one (1) year in jail, or prison range of three (3) years to 12 and one half (12.5) years of incarceration.
  • If the person has one (1) allegeable historical prior conviction, then the “prison only” range is four and one half (4.5) years to twenty-three (23) years of incarceration.
  • If the person has two (2) allegeable historical prior convictions, then the “prison only” range is ten and one half (10.5) years to thirty-five (35) years of incarceration.
  • Your license revoked for five (5) years

If the person did not cause the accident, but did leave the scene of the accident and serious physical injury or death was involved, then this can be charged as a class three (3) felony. You can be sentenced to the following punishment:

  • Probation with zero (0) days in jail up to one (1) year in jail; or prison of two (2) 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 quarter (3.25) 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.
  • Your license revoked for five (5) years

For all other Hit and Run accidents that did not cause serious physical injury or death, these can be charged as a class five (5) felony and carry the following punishments:

  • A class five (5) felony carries a range of punishment of probation and up to one (1) year in jail, or a prison term of six (6) months to two and one half (2.5) years.
  • In addition, a fine of up to $500.00 plus an 84% surcharge can be imposed.
  • Your license will be revoked for up to three (3) years.

BEWARE: Any sentence imposed must run consecutively to any other sentence imposed for any other convictions where other charges are related to the accident. This means that if your receive a 5 year sentence for the Hit and Run, and a 1 year sentence for an Aggravated DUI, you will be required to serve 6 years in prison.

If the accident only caused damage to another vehicle, this is charged as a class two (2) misdemeanor and carries a punishment of a term of probation with up to six (6) months in jail. Additionally, your license may be suspended for one year.


Defenses for Hit and Run / Leaving the Scene

In regards to Misdemeanor Hit and Run, the most common defense that we see involves a mistake of fact, in that the defendant did not realize that they actually struck another vehicle (i.e., when they were backing out of a parking space), or they believed 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.

In regards to the more serious felony crime of striking or injuring another driver or pedestrian in an accident and leaving the scene, many times people do not realize that they actually struck a person. They may believe that they struck an animal, or that somebody “threw something” at their vehicle.

Additionally, a common defense in all hit and run cases is that although the defendant was aware of the accident, he did not stop because it was late at night in a bad area of town and was worried that he was being “set up” for some type of robbery. People may also leave the scene because they fear that the situation will develop into a road rage and escalate into violence.

A critical factor in asserting this defense will be demonstrating that the defendant 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.

Other Defense Tactics Commonly Used

There are many effective defenses that are common to all criminal defense cases in addition to the ones stated above. Because we are an aggressive firm that fights convictions from every angle, we will assert a variety of defenses and challenges to constitutional violations, on your behalf. One of the most common defenses we encounter is a “Miranda rights violation”. In Arizona, the standard of whether any incriminating 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 attorney, but is denied and questioning continues. It is important to hire a skilled Hit and Run Accident Lawyer to defend you.  One who has knowledge of all possible defenses involved in a Hit and Run or Leaving the Scene of an Accident case.

The DM Cantor Defense Team is highly versed in all areas of vehicular criminal law, including felony and misdemeanor charges of DUIDWIvehicular manslaughteraggressive drivingreckless drivingunlawful flight from police, Hit and Run Phoenix, and other vehicular-related crimes.

Click here… if you have not been charged with Hit and Run yet, but the police are in the “pre-charge investigation stage” of your case.

Top Unlawful Flight from Police Lawyer

We are an AV® rated law firm (the highest possible rating by Martindale Hubbell®). Also David Michael Cantor is a Hit and Run lawyer in Arizona, and a Certified Criminal Law Specialist, per the Arizona Board of Legal Specialization. In addition, the Firm and all of its lawyers are listed in the Bar Register of Preeminent Lawyers®. At DM Cantor, the majority of our Attorneys are ex-Prosecutors, and all of our Hit and Run Lawyers in Arizona know the system well.

The Collateral Consequences Of An Hit and Run Conviction

The effects of a Hit and Run conviction can be devastating.  Even if a person is to receive Probation with no Jail, or a small Jail or Prison sentence, after they are released there will be lifelong effects on the Defendant.  This can involve Lifetime Probation; job restrictions; apartment/dormitory restrictions or prohibitions; Professional Licenses being Revoked; loss or severe restriction of internet privileges; etc. Check the link below for information regarding what Collateral Consequences you or a loved one might be facing.

Click to see Comprehensive List and Explanation of Collateral Consequences regarding a Hit and Run Conviction

Mitigation

When it comes to “Mitigation” regarding a charge of Hit and Run, it is important to start that process right away.  Not only can this help us with potentially convincing a Prosecutor to not file charges in the first place, but it may reduce the level of charges that they ultimately file.  In addition, if there is a conviction later, this can be used to help reduce any type of Sentence if there is a “Range.”  The Mitigating Factors which are considered by both the Prosecutor and the Courts includes Statutory and Non-Statutory elements.

Many items that we routinely include in our Mitigation Packages include Psychosexual Risk Evaluations; Polygraphs; Neuro-Psychological Evaluations; Counseling records; substance abuse Treatment and/or Rehabilitation; and a complete history of a person’s background.  This can include Individualized Education Plans (IEPs), medical records, Counseling records, etc.  Lastly. we often include what’s known as a “Proportionality Review/Sentencing Disparity” analysis in which we can show the Prosecutor and Court that similarly-situated Defendants received low Sentences.  Click the link below to see a more detailed list of both Statutory and Non-Statutory Mitigating Factors.

Click here to see Helpful Mitigation Information

Work with a DM Cantor Phoenix Hit and Run Defense Lawyer Today For a Free Consultation

For a free consultation and free case evaluation with one of our Phoenix Hit and Run Lawyers and Criminal Defense Lawyers, call our  24 hour Phoenix Hit and Run Defense Lawyers Hotline  at  602-307-0808 , or click here for a free consultation on any criminal cases. Our aggressive Hit and Run Lawyers always offer free consultations for an initial visit with our Phoenix Hit and Run Defense Attorneys. We are often considered to be the “best Hit and Run Defense Lawyer”.

DM Cantor, Best Criminal Defense Lawyer in Phoenix, Arizona
Free Initial Consultation
Open 24/7
Free Initial Consultation

Fill out the form below to receive a free and confidential initial consultation.

Learn how we helped 100 top brands gain success

Call Now Button