Are You Looking for a Hit and Run DUI Related Defense Attorney?
It’s illegal to leave the scene of an accident whether there is property damage or someone is injured. In Arizona, leaving the scene of an accident (more commonly known as a Hit and Run) that involves only property damage is considered a misdemeanor, while a hit and run that involves injury or death is a felony. As such, if the DUI involves a hit and run allegation, the case is very serious.
In cases of a Hit and Run, it doesn’t necessarily matter who was at fault when the accident occurred. No matter who caused the accident, it is the duty of all drivers to stop or quickly return and stop at the accident scene. The driver must render reasonable assistance as needed and provide his or her name, address, vehicle registration number, and the driver license information if requested. Failure to do so can result in being charged with a serious offense that comes with severe consequences.
Penalties for DUI Hit and Run
In addition to the consequences for a DUI offense, there are consequences of a Hit and Run offense. If the Hit and Run involved an accident resulting in a death or serious physical injury, then driver can be charged with a class 2 or 3 felony, depending on the circumstances. A class 2 felony Hit and Run may entail fines up to $150,000 and a maximum of 12.5 years in prison. If the injury Hit and Run does not involve death or a serious physical injury, the charge is a class 5 felony. A class 5 felony Hit and Run may entail fines up to $150,000 and a maximum of 2.5 years in prison. A felony Hit and Run can result in a three to ten year revocation of the person’s driving privileges in Arizona.
It is extremely important to note that any felony Hit and Run prison sentence must run consecutively to any other sentence imposed for any other convictions relating to the accident. This means that if sentenced to 2.5 years for a felony Aggravated DUI and sentenced to 1.5 years on a felony Hit and Run, the total sentence is 4 years in prison.
Misdemeanor hit and run cases that only involve property damage involve penalties of up to $750 in fines, or up to 4 months in jail. Driving privileges may be suspended for up to one year.
It’s quite possible to successfully defend a driver against Hit and Run charges, even when it’s connected to a DUI. Sometimes, it is even possible to get a prosecutor to drop such a charge.
Defending Against Hit and Run Charges
The most common defense on the misdemeanor Hit and Run is a mistake of fact. The driver did not realize that he or she actually hit anything or they believed that there was no actual damage. This is not uncommon when there is a minor bumper tap. The same defense is common with the felony Hit and Run, when a driver or pedestrian is struck. The driver did not realize they stuck a person. Some believe they stuck an animal in the roadway.
Some drivers will not stop for a Hit and Run, when the accident is late at night in a bad area of town. The driver is worried of being set up for a robbery or a carjacking. The driver may leave for fear of violence due to road rage . It is important to show that the driver acted as a “reasonable person” would have under the same circumstances.
The right defense for the case will depend on the circumstances of each particular case. That is why is so important to contact the right experienced and aggressive Hit and Run defense attorney. Your freedom, your rights and your future are at stake. Robert A. Dodell, Attorney at Law, will assist you with the DUI defense that you need to protect you from such crimes. Robert provides individual service when protecting your rights. Contact Robert A. Dodell, Attorney at Law, directly by email or by calling 480-860-4321 now for a free initial consultation.