Leaving the Scene of an Accident Statutes in Arizona – R&R Law Group

Leaving the Scene of an Accident Statutes in Arizona – R&R Law Group

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– In this video we’re talking
about a traffic crime. It’s called leaving the
scene of an accident. There are a couple of different variations of this violation, and I
have the different statutes laid out here. But essentially what
these statutes are saying is that there was some sort of an accident and the driver didn’t do the right thing. So the driver left. The driver didn’t leave a note. The driver didn’t notify
the owner of the property. There are a number of different ways that somebody can be charged with
a crime after an accident. And we’ll run through
the statutes briefly. So as you can see here, there
are four major statutes. I have them broken out
here into different rows. We’ll run through them. The reason why I wanted to make this video is because sometimes
people will come to us and they’ll have a citation or a ticket with multiple different leaving the scene of an accident violations,
and they’re not really sure why they’re being charged with all of these different things. So let’s run through them. Hopefully that gives you an understanding of how they work and how
we can defend against them. Once we understand how they work, we can better build our
defenses around that. So let’s just jump right into it. So the first statute is 28662, and this is the main leaving the scene of an accident statute. It’s basically saying
that if you’re involved in an accident, you have to
do a couple different things. Number one, you have to stop
at the scene of the accident or you have to return to
the scene of the accident. So if you’re involved in the roadway, you hit another vehicle,
you need to stay there or you need to return to the scene. So sometimes people will
bump into one another, one person will have to
move to get out of the way of the oncoming traffic. You have to stay as close
as reasonable to that scene. The other thing that you have to do is you have to exchange info. So A2 of section 28662 is
referring you to the next row which we’ll talk about,
but it’s basically saying you have to stop, you have
to exchange information as governed by the next
statute that we’ll talk about. And the final part of this is that you cannot obstruct other
traffic more than necessary. So of course if somebody’s
injured or very, very dying or something like that,
best not to move them, but if you can move your vehicle, if you can lessen the impediment
to the flow of traffic, that’s good, you’re
going to want to do that because otherwise you’re
in violation of this law. You’re obstructing the traffic, and you’re not supposed to do that. So those are the main
ways that we see that. This violation is a class two misdemeanor, so in other videos I talked about what the different violations
are, what the different classifications of misdemeanors are, this is right in the middle. A DUI is a class one, a criminal
speeding is a class three, which is the lowest. And this leaving the scene of the accident or not following any
one of these subsections is a class two misdemeanor. It’s also six points. So if you get convicted
of something like this, it’s six points on your license. We’ll see people who often come to us with multiples of these
things stacked on top of one another. So they will not stop at the scene, and then by not stopping at the scene, they couldn’t provide the information, and so now they’re charged
with subsection A1 and A2, that’s 12 points and two criminal charges. Obviously that’s a lot. The other thing that
people can be charged with is if they do not stop, if they
do not exchange information, or if they do stop, if
they do stop so they’re not in violation of this top section here, but they do not exchange
the correct information or they refuse to provide information, they can charge them with 28663. This is a class three misdemeanor. So this is the lowest level misdemeanor, but it still is six points. And what this law is saying is that once you have stopped. You’ve been in an
accident, you’ve stopped, you’ve communicated with another person, you have to exchange
two bits of information. On the first line item under A1, your name, your address,
your registration. Those types of things
need to be exchanged. But you also have an obligation under A2 to provide a copy of
your driver’s license. So show the other person,
this is my driver’s license. This is who I am. Make sure that that
information is exchanged. If you stop and you don’t actually leave the scene of the accident, but you refuse to provide that information or you’re just yelling obscenities at one
another and F this and F that, well you have not complied
with the rule under 28663. And so the police can
charge you with a crime. It’s a class three misdemeanor for that. So these two statutes
have a lot of interplay with one another, but
generally we see these and we can see these stacked
on top of one another. So you’ll see somebody
charged with an A1, an A2, maybe an A1 and an A2 down here. So they can be charged with multiple leaving the scene of
an accident violations just from one incident. The other one that we
see quite often is 28664. And this really the you
didn’t leave a note crime. So this is when somebody backs
into an unintended vehicle. So in the first row we were talking about two vehicles that were
being operated by people. We’re talking about attended vehicles, vehicles in motion, people
are in both vehicles. The next row we’re
talking about information. And the third row is the 28664, so this is you didn’t leave a note. This is an unattended vehicle, so one person’s driving,
they bump into another car, maybe they’re backing out of a parking lot or they just bump into another vehicle as they’re trying to park
or something happens. That other vehicle doesn’t
have anybody in it. What you’re supposed
to do is leave a note. Okay, you’re supposed to
get out of the vehicle. A2 says you need to find
a conspicuous place. You need to leave a note. You need to find the individual. Go physically search
around the parking lot, around the venue, see if you
can find that individual, but if not, then you have to leave a note. It needs to be in a conspicuous place meaning you gotta put it somewhere where the driver’s going to see it. Under their windshield or in their window, in the driver’s side door. Whatever it is that that
person’s going to see it. It’s not going to fly away. So you have to stop and
you have to leave a note or you have to find that individual. Failure to do that is
a violation of the law. It’s a class three misdemeanor. Again the lowest level
misdemeanor that we have, but it’s also six points. Remember a DUI is eight points. So leaving the scene of an accident, even though it’s a much
lower classification of a misdemeanor, it still has six points, which is a lot of points. It’s two points less than a DUI. So it’s quite serious in terms
of your motor vehicle record. The last subsection that we see, or the last section,
the last law, is 28665. This is not necessarily
regarding another vehicle, but it’s regarding other property. So it’s the same rules as
this third row, the 664, but it’s saying that if you
hit some sort of property, generally we see this is signs. We see somebody jumping
a curb and hitting a sign or hitting a trashcan or hitting a bench or some sort of property. We’ve seen it with
somebody who will bump up and hit a power transformer
or something like that. That triggers the person, they have to do something about that. They can’t just leave that, and if they do, that’s a
violation of this statute. And so what you have to do is you have to notify the owner of that property, and you have to tell them what happened. So you have to alert them to the fact that the accident happened. You have to give them your
name, your registration, and you have to show them
your driver’s license if they want to see it. You have to be able to present that and provide that to them. So a violation of any one of these things, and again that bottom row here is also a class three misdemeanor
and it’s also six points. So if you bump into somebody’s sign or if you hit a light pole or if you do something like that
and you leave that scene and you fail to notify the owner of that, whether it’s the city government, whether it’s a private or a
quasi-private utility operator, whether it’s somebody who has a sign on the side of the road. You leave and you don’t
notify that person, the police can find you and charge you with a crime for that. So these are all the different variations and permutations of the global kind of leaving the scene series
of crimes that we have. They’re pretty significant
because of the fact that they’re criminal and they also have a significant number of points on there. They’re multiple, basically the equivalent of multiple violations,
multiple moving violations, and so your insurance company
will not be happy about that if you get that on your record. So I hope this helps explain why you may have been charged with
multiple different violations. The police really like
to stack these things up. In most cases that we’ve worked on or that we’ve seen, there are a lot of good explanations for
why these things happen or why people don’t leave a note or why people leave or
they’re just not aware that an accident happened. There’s a lot of reasons as to why somebody may be in violation of this law, but what we do is reduce these down. We want to minimize people from having that high level of points. We want to minimize people from having criminal convictions. We help people handle
these all over Arizona. Generally it’s just a
matter of negotiating out a good resolution with the prosecutor, with the judge, and of
course with the other person who was involved in the accident. So I hope you found this helpful. If you have questions as they relate to your specific case, give us a call. We offer free case evaluations. We’re happy to speak with you. Thanks for watching. (techno sounds)

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