Criminal LAWYERS OF TEMPE Vehicular Crimes

CHARGED WITH A VEHICULAR CRIME IN ARIZONA?

Learn everything you need to know about what to do if you have been charged with a vehicular crime in Arizona

Every motorist’s worst nightmare is hitting someone while driving. If you were impaired in some way or disobeying a traffic law at the time you hit someone, that nightmare is compounded twofold. A vehicular crime involving injury or death to someone else is a severe crime in Arizona that could result in many long-term consequences.

What crimes are considered to be Vehicular crimes?

If you injure or kill another person while operating a motor vehicle, in addition to being liable in civil court for the injury and damage you cause, you can be charged with a crime. Two primary forms of vehicular crime are:

Leaving the scene of an accident

Leaving the scene of an accident is also known as “hit and run.”  You can be charged with leaving the scene if you hit another vehicle, pedestrian, object, or piece of property and then drive away.

Vehicular Assault

Vehicular assault is a form of assault that involves using a vehicle to cause another person harm or threaten him or her with harm. 

Vehicular manslaughter

Vehicular manslaughter is the crime of causing a human being’s death due to illegal driving of an automobile, including gross negligence, drunk driving, reckless driving, or speeding.

Circumstances that can lead to a vehicular crime charge

Some of the most common behaviors that lead to criminal prosecution include:

• Speeding is the act or practice of exceeding the legal speed limit.
• Driving under the influence  (DUI) is the offense of driving, operating, or being in control of a vehicle while impaired by alcohol or other drugs (including recreational drugs and those prescribed by physicians) to a level that renders the driver incapable of operating a motor vehicle safely.
• Driving on a suspended or revoked driver’s license. A Suspended License means there is a predetermined time during which they cannot operate a motor vehicle unless they are permitted to have a restricted license that allows them to drive to specific locations, such as work, school, or treatment. Once the suspension ceases, the driver can pay a license reinstatement fee and drive again. In contrast, a Revoked License requires that a driver goes through a set period before going through the license restoration process.
• Reckless driving is operating a vehicle in such a way that puts either people or property in danger, whether intentional or not.
• Aggressive driving   is when an individual commits a combination of moving traffic offenses to endanger other persons or property.

Possible Punishments for a Vehicular Crime

Punishment for Leaving the scene of an accident

Under Arizona A.R.S.  § 28-661, If you cause an auto accident that involves serious injury or death and knowingly fail to stop and give reasonable assistance, you can be charged with a class 2 felony. A class 2 felony is punishable by between three and 12.5 years in prison.

Punishment for Vehicular Assault

In some states, punishment is determined based on whether an individual was injured during the traffic offense is a factor that is considered in evaluating the level of punishment that the perpetrator should receive. In other states, vehicular assault may be punished as a separate criminal offense. States also vary as to whether they categorize vehicular assault as a felony or a misdemeanor. 

Additional penalties include:
Revocation of your driver’s license for five years.
Fines of up to $150,00 and other fees

Under Arizona A.R.S. § 13-1204, If you cause serious injury to another person due to your reckless or aggressive operation of a motor vehicle, you can be charged with a “dangerous” class 3 felony. A dangerous class 3 felony is punishable by a prison sentence of between 5 and 15 years.

An offense would be considered dangerous if it involved the use of a dangerous instrument. A car is a dangerous instrument when used in a way that is readily capable of causing death or serious physical injury.

Additional penalties include:
Revocation of our driver’s license for three years
Fines of up to $150,000 and other fees

Punishment for Vehicular Manslaughter

Unlike many other states, Arizona doesn’t have a “vehicular homicide” statute that applies exclusively to driving-related unlawful killings. However, an Arizona motorist who causes another person’s death while behind the wheel can be prosecuted under the state’s more general homicide laws. 

Under Arizona A.R.S. §13-1103, manslaughter using a deadly weapon or a dangerous instrument (such as a vehicle), and you can be charged with a “dangerous” class 2 felony. A Dangerous class 2 felony is punishable by a prison sentence between 4 and 10 years.

Additional penalties include:
Revocation of your driver’s license for five or more years
Fines of up to $150,000 and other fees

Further, the deceased’s family can also bring civil charges against you to seek restitution for the loss of life.

Long-term consequences of a vehicular crime conviction

A conviction for a vehicular crime, even if it is a misdemeanor, can hurt you when looking for a job, applying to rent a house or apartment, and attempting to obtain car insurance. A convicted felon loses the right to vote and carry firearms and can lose your professional license.

Do you need an attorney to fight vehicular crime charges?

Trying to fight a vehicular crim charge while dealing with the traumatic knowledge that you injured or killed another person is not advisable. Vehicular crimes involve many technical issues and complex legal terms resulting in prison sentences upon conviction. A skilled, experienced attorney can objectively look at the facts and evidence and help you understand the charges and consequences so you can weigh your options.

The prosecution will have to prove that you:

1. Acted intentionally, knowingly, and recklessly to cause injury or death to another person;
2. That you used your vehicle as a dangerous weapon to harm another person;
3. In the case of leaving the scene of an accident, that you intentionally left the scene of the accident

Under Arizona law, a motor vehicle is considered a deadly weapon or dangerous instrument. Suppose the defendant intentionally, knowingly, or recklessly caused an injury or death to another person. In that case, the accident is a “dangerous felony offense,” which results in a mandatory prison sentence upon conviction even if the defendant has no prior criminal convictions at all.

Possible Defenses for Leaving the scene of an accident

An experienced criminal defense lawyer will attempt to present evidence, witness testimonies,

• The defendant did not stop because it was late at night in dangerous area of town.
• The defendant did not stop because they did not realize they had hit someone.
• The defendant did not stop because they were afraid that someone threw something at their car to get them to stop so they could harm them or steal their car.

Possible Defenses for a Vehicular Assault or Manslaughter

An experienced criminal defense lawyer will attempt to present evidence, witness testimonies,

• The defendant did not intentionally hurt or kill anyone with their vehicle.
• The defendant was not recklessly operating their vehicle.
• The defendant did not cause the accident.
• The defendant was not read their Miranda rights.
• There were forensic flaws or errors in the investigation procedures.
• Police reports include false statements or inaccurate photos, which are crime scene inaccuracies.

Suppose you have been charged with a vehicular crime in Arizona. In that case, an experienced attorney can determine whether you have any grounds for dismissal of the charges against you, minimize the penalties you face, explore plea options, or represent you at trial. An Arizona criminal defense attorney can help you understand the complex issues involved in these types of charges, protect your rights, and develop the best criminal defense strategy for your case.