Drag racing and exhibition of speed may seem thrilling to some drivers, but in Arizona, these activities are considered serious criminal offenses. Engaging in such behavior can lead to significant legal consequences, including hefty fines, license suspension, and even jail time. In this blog, we will explore what constitutes drag racing and exhibition of speed, the penalties associated with these charges, and how an experienced attorney can help defend your case.
What is Drag Racing and Exhibition of Speed?
Under Arizona Revised Statutes (ARS) §28-708, drag racing is defined as participating in a speed contest or racing another vehicle on public roads. Exhibition of speed, on the other hand, involves driving in a manner that demonstrates acceleration or speed for the purpose of showing off. Both offenses put public safety at risk and are treated as criminal acts in Arizona.
Examples of these offenses include:
- Organized Races: Participating in or organizing a street race against another vehicle.
- Burnouts and Donuts: Performing burnouts, donuts, or other high-speed stunts in public areas.
- Rapid Acceleration: Accelerating aggressively to impress bystanders.
- Challenging Other Drivers: Provoking another driver to a race at a traffic light or on a highway.
Why Arizona Takes These Offenses Seriously
Drag racing and exhibition of speed are not just reckless—they endanger lives. Arizona’s strict laws reflect the state’s commitment to reducing traffic fatalities and maintaining road safety. High-speed activities reduce reaction times and increase the likelihood of accidents, putting both participants and innocent bystanders at risk.
Penalties for Drag Racing and Exhibition of Speed
Both drag racing and exhibition of speed are treated as criminal offenses, carrying severe penalties that escalate with repeat offenses or aggravating factors:
- Fines and Fees: A first-time offense can result in fines of several hundred to over a thousand dollars, with additional court fees and surcharges.
- License Suspension: Convictions may lead to a driver’s license suspension for up to 90 days for a first offense and longer for repeat violations.
- Points on Driving Record: Drag racing adds 8 points to your driving record, potentially leading to additional penalties such as mandatory traffic school or license suspension.
- Jail Time: First-time offenders may face up to six months in jail, while repeat offenses carry harsher sentences.
- Vehicle Impoundment: Law enforcement may impound the vehicle involved in the offense, resulting in additional costs and inconvenience.
- Increased Insurance Premiums: A conviction signals risky behavior to insurance companies, leading to higher premiums or policy cancellations.
Aggravating Factors and Enhanced Penalties
Certain factors can lead to enhanced penalties for drag racing and exhibition of speed. These include:
- Injuries or Fatalities: If the offense results in an accident causing injury or death, additional charges such as vehicular manslaughter may apply.
- Speed in Excess of 100 mph: Extremely high speeds can result in more severe penalties, including longer jail sentences.
- Driving Under the Influence: Combining drag racing or exhibition of speed with a DUI charge significantly increases the legal consequences.
- Repeat Offenses: Second or subsequent offenses carry escalating penalties, including mandatory jail time and longer license suspensions.
Defenses Against Drag Racing and Exhibition of Speed Charges
Facing charges for drag racing or exhibition of speed does not mean you are automatically guilty. An experienced traffic attorney can explore several defenses to protect your rights and minimize penalties:
- Challenging Evidence: Your attorney can question the accuracy of radar or speed measurement devices used by law enforcement.
- Lack of Intent: Demonstrating that you did not intend to engage in a speed contest or exhibition of speed can weaken the prosecution’s case.
- Disputing Witness Statements: Eyewitness accounts may be unreliable, and your attorney can challenge their credibility.
- Police Misconduct: If law enforcement violated your rights during the traffic stop or investigation, evidence may be inadmissible in court.
- Negotiating Reduced Charges: In some cases, an attorney can negotiate with prosecutors to reduce the charge to a lesser offense, such as civil speeding.
Why You Need an Experienced Attorney
Drag racing and exhibition of speed charges carry serious consequences, and navigating the legal process alone can be overwhelming. Here’s why hiring a skilled attorney is essential:
- Expert Legal Knowledge: An experienced lawyer understands the nuances of Arizona’s traffic laws and can identify weaknesses in the prosecution’s case.
- Protecting Your Rights: Your attorney ensures that law enforcement and prosecutors adhere to your constitutional rights throughout the legal process.
- Reducing Penalties: An attorney can work to minimize fines, jail time, and other penalties through strategic defense or plea negotiations.
- Preserving Your Record: A lawyer can help you avoid a criminal conviction, protecting your driving record and future opportunities.
Steps to Take After Being Charged
If you are charged with drag racing or exhibition of speed, take the following steps to protect yourself:
- Remain Calm and Cooperative: Avoid arguing with law enforcement and follow their instructions.
- Document the Incident: Write down details about the traffic stop, including the time, location, and interactions with officers.
- Avoid Admitting Fault: Do not make any statements that could be used against you in court.
- Consult an Attorney: Contact a criminal traffic lawyer as soon as possible to discuss your case and begin building a defense.
How Traffic Law Guys Can Help
At Traffic Law Guys, we specialize in defending clients against drag racing, exhibition of speed, and other serious traffic offenses. Our team has extensive experience navigating Arizona’s legal system and is committed to achieving the best possible outcome for your case. We understand that every situation is unique, and we’ll work with you to build a personalized defense strategy.
If you’ve been charged with drag racing or exhibition of speed, don’t face it alone. Contact Traffic Law Guys today for a consultation and let us help you protect your rights, your record, and your future.
