Types of Vehicular Crimes in Arizona We Handle
Our experienced vehicular crimes lawyers represent clients who have been charged in Phoenix, Tempe, Mesa, Chandler, Gilbert, Scottsdale, and throughout the entire State of Arizona. The most common types of vehicular crimes cases we see include:
Hit -and-Run. A.R.S. §28-661 and §28-662.
A hit and run in Arizona is charged as Leaving the Scene of an Accident. Leaving the Scene of an Accident occurs when a person involved in an accident fails to immediately stop at the scene of the accident, exchange information with the other party involved, and wait for law enforcement to arrive. If convicted, the penalties for Leaving the Scene of Accident can range from those of a class one misdemeanor to a class 2 felony. You will be charged with a felony only if you cause serious injury or death as a result of the accident.
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Unlawful Flight From Police. A.R.S. §28-622.01.
In Arizona, Unlawful Flight From Police is a class 5 felony. One commits Unlawful Flight from Police when they are driving a vehicle and flee an appropriately marked law enforcement vehicle.
Failure to Comply With Police. A.R.S. §28-662.
Failure to Comply with a Police Officer (A.R.S. 28-662) is a class two misdemeanor. One commits Failure to Comply with Police when they fail to comply with a lawful order of a police officer.
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Vehicular Endangerment. A.R.S. §13-1202.
Vehicular Endangerment is defined very broadly and can be easily “tacked on” when someone is charged with another vehicular crime. One commits Vehicular Endangerment when they recklessly endanger another with a risk of imminent death or physical injury. If convicted, the penalties range from those for a class 1 misdemeanor to a class 6 felony.
Vehicular Aggravated Assault. A.R.S. §13-1204.
If charged with Vehicular Aggravated Assault you will be facing a class 2 or class 3 felony. This charge may also be prosecuted as “dangerous”, which would add additional penalties. In Arizona, there is no specific Aggravated Assault statute for an assault caused by a motor vehicle. However, a vehicle is a deadly weapon, therefore, falling within the general Aggravated Assault statute.
In Arizona, one commits Vehicular Aggravated Assault if they cause, or place someone in imminent fear of, serious injury or substantial disfigurement of any body part while using a deadly weapon or dangerous instrument (i.e. a vehicle).
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Vehicular Manslaughter. A.R.S. §13-1103.
Vehicular manslaughter is class 2 felony. This charge will likely be prosecuted as a “dangerous offense”.
One commits vehicular manslaughter if they recklessly cause the death of another person while driving a vehicle. “Reckless” in Arizona is defined as when someone is aware of and consciously disregards a substantial and unjustifiable risk whereas a reasonable person in the same situation would not have disregarded the risk. It is important to note that one does not have to intentionally cause the death of another to be charged with vehicular manslaughter.
Vehicular Negligent Homicide A.R.S. §13-1102
Vehicular negligent homicide as a class 4 felony. One commits negligent homicide if they, with criminal negligence, cause the death of another person. Someone is criminally negligent if they fail to perceive a substantial and unjustifiable risk and a reasonable person in the same situation would have perceived that risk.
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Aggravated Driving Under the Influence of Liquor and/or Drugs A.R.S. §28-1383
If charged with Aggravated Driving Under the Influence (DUI) of Liquor and/or Drugs, you will be facing a class 4 or class 6 felony. You can be charged with Aggravated DUI if you are operating a vehicle while under the influence of alcohol or drugs and if: your driver’s license is suspended or revoked due to a previous DUI conviction, you have been convicted of two prior DUIs within the last seven years, you are stopped while driving the wrong way on the road, you do not have an ignition interlock installed in your vehicle and are required to due to a past DUI, or if there is a child under the age of 15 in the vehicle.
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