Street Racing Offenses in Arizona
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Street Racing Charges in Arizona
If an officer stops you when you and another motorist are clearly racing each other in Arizona, you should not discuss the charges against you until you have enlisted the services of a traffic attorney. In these situations, most people will readily admit that they were racing, and this can greatly complicate their legal standing.
Sometimes, two people who know each other may engage in illegal racing. But you can also be charged with racing if you randomly start competing with another motorist on the road. A road rage situation, for example, can lead to a spontaneous race and subsequent criminal charges.
In Arizona, there are several hotspots for street racing. These include the corner of 22nd Avenue and Durango Street, the southeast corner of 67th Avenue and the I-10 freeway, and loop 202 near 59th Avenue.
Arizona Traffic Laws
Arizona traffic legislation states that “A person shall not drive a vehicle or participate in any manner in a race, speed competition or contest, drag race or acceleration contest, test of physical endurance or exhibition of speed or acceleration or for the purpose of making a speed record on a street or highway.”
In Arizona, racing is a criminal violation; it can be either a felony or a misdemeanor. Aiding a person in the commission of this type of violation is also a misdemeanor. If you are covicted of racing and sent to jail, Arizona laws provide that you can continue to work or attend school, while spending the rest of your time in jail.
The State of Arizona defines ‘drag race’ as either, “the operation of two or more vehicles from a point side by side at accelerating speeds in a competitive attempt to outdistance each other,” or “the operation of one or more vehicles over a common selected course and from the same point for the purpose of comparing the relative speeds or power of acceleration of the vehicle or vehicles within a certain distance or time limit.”
Racing Penalties in Arizona
A conviction for street racing can have devastating consequences. Aside from a requirement to attend traffic survivor school, you can have 8 points added to your license, and you may face license suspension.
First Racing Conviction
- Class 1 misdemeanor
- License suspension up to 90 days
- Up to 6 months in jail
- Minimum fine: $250
Subsequent Conviction Within Two Years
- Felony
- Mandatory jail sentence
- License suspension for one year or more
- Minimum fine: 500
Under Arizona legislation, “if a person is convicted of a second or subsequent [racing] violation. . . within twenty-four months after a first conviction, the person is guilty of a class 6 felony and is not eligible for probation, pardon, suspension of sentence or release on any other basis until the person has served not less than ten days in jail or prison.”
As you can see, penalties for racing are quite severe in Arizona, and it would be very unwise to try to fight this type of charge without the help of a savvy legal advisor specialized in traffic violations.
How to Fight Racing Charges in Arizona
An accusation of racing can be very subjective. Two drivers who are totally unaware of each other can sometimes behave in the same way as if they were racing. What matters are their intentions. Were they trying to prevent another car from passing them? Were they making an exhibition of speed or simply trying to get away from an erratic driver?
In court, it is possible to argue that you were simply trying to get away from another vehicle because the other driver was scaring you or making you nervous. Likewise, when an officer has stated that you were squealing your tires, you may argue that it was just accidental.
If there is no one to testify that there was a competition or an exhibition of speed going on, your attorney can use the ‘lack of witnesses’ defense. Without a testimony to prove it, no one can be certain of what the motorists’ intentions were.
There can also be mitigating circumstances. For example, if you have never been charged with a crime before and have an excellent driving record.
Your attorney can also look at the officer involved, their background and their actions. It is possible to argue that the officer was not well positioned to see what was going on. They may have used an unreliable speed measurement device or failed to follow procedure.
In terms of introducing new evidence, your attorney can look at dashcam footage from your vehicle or others. With the help of expert witnesses, they can likely establish that you were not racing, squealing your tires, or making an exhibition of speed.
Charged with Street Racing in Arizona? Our Attorneys Can Help
Our firm has a lengthy track record of protecting the rights of individuals who have been wrongfully arrested for criminal traffic violations. Our team of traffic specialists has handled countless street racing cases. Our experienced traffic litigators can thoroughly investigate every aspect of your case and prepare an aggressive defense to get your charges dismissed or reduced.
Our team of criminal traffic violation specialists offers complimentary case evaluations. Contact one of our Arizona traffic attorneys today for a free consultation.
