A. The driver of a vehicle involved in an accident on public or private property resulting in injury to or death of a person shall:
1. Immediately stop the vehicle at the scene of the accident or as close to the accident scene as possible but shall immediately return to the accident scene.
2. Remain at the scene of the accident until the driver has fulfilled the requirements of section 28-663.
B. If the vehicle described in subsection A of this section is a fully autonomous vehicle operating without a human driver or a neighborhood occupantless electric vehicle, the requirements of this section are satisfied if the fully autonomous vehicle or neighborhood occupantless electric vehicle stops at the scene of the accident or as close to the accident scene as possible and remains stopped at that location until the requirements of section 28-663 have been satisfied.
C. A driver who is involved in an accident resulting in death or serious physical injury as defined in section 13-105 and who fails to stop or to comply with the requirements of section 28-663 is guilty of a class 3 felony, except that if a driver caused the accident the driver is guilty of a class 2 felony.
D. A driver who is involved in an accident resulting in an injury other than death or serious physical injury as defined in section 13-105 and who fails to stop or to comply with the requirements of section 28-663 is guilty of a class 5 felony.
E. The sentence imposed on a person for a conviction under this section shall run consecutively to any sentence imposed on the person for other convictions on any other charge related to the accident.
F. The department shall revoke the license or permit to drive and any nonresident operating privilege of a person convicted pursuant to subsection C of this section as follows:
1. For an accident resulting in serious physical injury, five years, not including any time that the person is incarcerated.
2. For an accident resulting in death, ten years, not including any time that the person is incarcerated.
G. Five or more years after the revocation period has begun pursuant to subsection F, paragraph 2 of this section, not including any time that the person is incarcerated, a person may apply to the department for a restricted privilege to drive. The department may issue a restricted privilege to drive as described in section 28-144 if the department finds both of the following:
1. The person is not convicted of any offense involving the operation of a motor vehicle while the person's driving privilege is revoked.
2. The person has paid full restitution as ordered by the court.
H. The department shall revoke the license or permit to drive and any nonresident operating privilege of a person convicted pursuant to subsection D of this section for three years.
I. If the court finds by a preponderance of the evidence that the person's use of intoxicating liquor, any drug listed in section 13-3401, a vapor releasing substance containing a toxic substance or any combination of liquor, drugs or vapor releasing substances was a contributing factor to the accident, the court shall order the person to complete alcohol or other drug screening.
Notes of Decisions
Cited in
39
cases (
7 in the last 5 years), 1960–2026 · leading case:
State of Arizona v. Powers, 23 P.3d 668 (Ariz. Ct. App. 2001).
State of Arizona v. Powers, 23 P.3d 668 (Ariz. Ct. App. 2001).
· cites it 13× “Powers moved to dismiss the second count, arguing that he had left the scene of only one accident.”
State v. Powers, 26 P.3d 1134 (Ariz. 2001).
· cites it 18× “¶ 1 We are asked to decide whether the number of accident scenes under A.R.S. § 28-661 is defined by the number of victims affected by the accident.”
State v. Porras, 610 P.2d 1051 (Ariz. Ct. App. 1980).
· cites it 16× “The issue presented in this appeal is whether in the prosecution of a “hit and run” violation under A.R.S. § 28-661 (leaving the scene of an accident where injury to a person results) the state is required to prove knowledge by the defendant that an injury occurred.”
State v. Korovkin, 47 P.3d 1131 (Ariz. Ct. App. 2002).
· cites it 9× ““The primary purpose of A.R.S. § 28-661 is to ‘prohibit drivers from seeking to evade civil or criminal liability by escaping before their identity can be established.”
State v. Blevins, 623 P.2d 853 (Ariz. Ct. App. 1981).
· cites it 10× “§§ 13-455, 13-456(AX3)(b) and 13-457(C)(2), 1 and leaving the scene of an accident involving injury or death of another in violation of A.R.S. §§ 28-661 and 28-663. The first trial ended in a mistrial.”
State v. Foster, 559 P.3d 1139 (Ariz. Ct. App. 2024).
· cites it 38× “Foster of leaving the scene of a fatal accident in violation of A.R.S. § 28-661. He argues that the superior court abused its discretion in instructing the jury and in several evidentiary rulings.”
State v. Phillips, 733 P.2d 1116 (Ariz. 1987).
· cites it 8× “Pursuant to a plea agreement, appellant pled guilty to leaving the scene of an accident involving death or personal injuries, a violation of A.R.S. § 28-661. The plea agreement provided: "Restitution of economic loss to the victim in the amount of $ to be determined will be…”
State v. Rodgers, 909 P.2d 445 (Ariz. Ct. App. 1995).
· cites it 10× “The evidence is sufficient to support a conviction under A.R.S. § 28-661. We have reviewed the record before us for fundamental error and have found none.”
State v. Tinajero, 935 P.2d 928 (Ariz. Ct. App. 1997).
· cites it 3× “The driver of any vehicle involved in an accident resulting in injury to or death of any person shall immediately stop the vehicle at the scene of the accident or as close thereto as possible but shall then forthwith return to and in every event shall remain at the scene of the…”
State v. Skiles, 704 P.2d 283 (Ariz. Ct. App. 1985).
· cites it 10× “§ 28-663, in violation of A.R.S. §§ 28-661,____” Defendant pled guilty, and at the change of plea hearing the trial court established that defendant (1) had been operating the vehicle (2) was involved in an accident which (3) resulted in injuries to another person and that,…”
Chase v. State Farm Mut. Auto. Ins., 641 P.2d 1305 (Ariz. Ct. App. 1982).
· cites it 4× “Failure by a motorist to comply with the provisions of article 4 subjects the motorist to the sanctions and requirements of the SRA.”
Saucedo Ex Rel. Sinaloa v. Salvation Army, 24 P.3d 1274 (Ariz. Ct. App. 2001).
· cites it 2× “Sinaloa, there is no question that the law imposed a duty to stop and render assistance, A.R.S. §§ 28-661 and 28-663 (1998), and that intentionally leaving the scene of the accident would result in Mr.”
— Ariz. Rev. Stat. § 28-661(A) — 9 cases
State v. Blevins, 623 P.2d 853 (Ariz. Ct. App. 1981).
“§§ 13-455, 13-456(AX3)(b) and 13-457(C)(2), 1 and leaving the scene of an accident involving injury or death of another in violation of A.R.S. §§ 28-661 and 28-663. The first trial ended in a mistrial.”
State v. Korovkin, 47 P.3d 1131 (Ariz. Ct. App. 2002).
““The primary purpose of A.R.S. § 28-661 is to ‘prohibit drivers from seeking to evade civil or criminal liability by escaping before their identity can be established.”
State v. Powers, 26 P.3d 1134 (Ariz. 2001).
“¶ 1 We are asked to decide whether the number of accident scenes under A.R.S. § 28-661 is defined by the number of victims affected by the accident.”
State v. Foster, 559 P.3d 1139 (Ariz. Ct. App. 2024).
“Foster of leaving the scene of a fatal accident in violation of A.R.S. § 28-661. He argues that the superior court abused its discretion in instructing the jury and in several evidentiary rulings.”
— Ariz. Rev. Stat. § 28-661(A)(1) — 1 case
— Ariz. Rev. Stat. § 28-661(A)(2) — 3 cases
State v. Powers, 26 P.3d 1134 (Ariz. 2001).
“¶ 1 We are asked to decide whether the number of accident scenes under A.R.S. § 28-661 is defined by the number of victims affected by the accident.”
— Ariz. Rev. Stat. § 28-661(B) — 4 cases
State of Arizona v. Powers, 23 P.3d 668 (Ariz. Ct. App. 2001).
“Powers moved to dismiss the second count, arguing that he had left the scene of only one accident.”
State v. Tinajero, 935 P.2d 928 (Ariz. Ct. App. 1997).
“The driver of any vehicle involved in an accident resulting in injury to or death of any person shall immediately stop the vehicle at the scene of the accident or as close thereto as possible but shall then forthwith return to and in every event shall remain at the scene of the…”
— Ariz. Rev. Stat. § 28-661(C) — 5 cases
State v. Foster, 559 P.3d 1139 (Ariz. Ct. App. 2024).
“Foster of leaving the scene of a fatal accident in violation of A.R.S. § 28-661. He argues that the superior court abused its discretion in instructing the jury and in several evidentiary rulings.”
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