If you’ve been charged with racing on a highway, you’re facing serious legal consequences that could impact your driving record, finances, and even your freedom. Racing is not just a simple speeding ticket—it is a criminal offense that can lead to fines, license suspension, and possible jail time.
So, what should you do next? Can you fight a racing charge? And most importantly, how can a defense lawyer help you minimize the penalties or even get the charge dismissed?
Let’s discuss the legal consequences of a racing charge, possible defense strategies, and how an experienced defense lawyer can protect your rights.
What is a Racing Charge?
In Arizona, street racing is illegal under ARS 28-708, which states:
“A person shall not drive a vehicle or participate in any manner in a race, speed competition, acceleration contest, or test of physical endurance on a highway.”
This means that any form of competitive or high-speed driving on public roads can lead to a racing charge. The law applies to:
- Drag racing or engaging in high-speed acceleration
- Competing with another driver to see who can drive faster
- Blocking or assisting in a street race
- Performing burnouts, drifting, or other dangerous stunts
- Any reckless behavior that resembles street racing
Even if you weren’t actively racing someone, the police could still charge you if they believe you were driving aggressively or engaging in a speed contest.
Consequences of a Racing Conviction
A racing charge in Arizona is classified as a Class 1 misdemeanor—the most serious type of misdemeanor offense. The penalties for a first-time conviction include:
- Up to 6 months in jail
- Fines of up to $2,500
- Mandatory license suspension for up to 90 days
- 8 points on your driving record (which may lead to mandatory traffic school)
- Increased insurance rates (or even cancellation of coverage)
Second Offense Racing Penalties
If you are caught racing again within 24 months, the penalties increase significantly:
- Mandatory 10-day jail sentence
- Fines up to $2,500 (or more)
- 1-year license suspension
- Possible vehicle impoundment
- Permanent criminal record
Because racing is a criminal charge, a conviction can also affect your employment opportunities, background checks, and ability to secure professional licenses.
How a Defense Lawyer Can Help
1. Challenge the Evidence Against You
To convict you of racing, the prosecution must prove that you were actively participating in a speed contest or reckless competition. A defense lawyer can:
✔ Question the officer’s observations – Did they actually see you racing, or did they misinterpret your driving?
✔ Challenge radar or speed measurement tools – Was the radar gun calibrated correctly?
✔ Analyze video or dashcam footage – Does the evidence truly show you engaging in a race?
✔ Interview witnesses – Were there bystanders who can testify that you weren’t racing?
By casting doubt on the reliability of the evidence, your lawyer may be able to weaken the prosecution’s case.
2. Argue That You Were Not Racing
Sometimes, aggressive or fast driving can be mistaken for racing, even when no competition was involved. Your lawyer can argue that:
- You were simply speeding, not racing
- You were avoiding a dangerous situation
- You accelerated briefly but did not engage in a race
- There was no agreement between drivers to race
If your lawyer can prove that your actions don’t meet the legal definition of racing, the charge could be reduced to a lesser traffic violation.
3. Negotiate a Plea Deal
If the evidence against you is strong, your lawyer can work with the prosecution to negotiate a plea bargain. This might involve:
✔ Reducing the charge to a lesser offense (such as a speeding ticket or reckless driving)
✔ Avoiding jail time in exchange for traffic school or community service
✔ Lowering fines and avoiding license suspension
Prosecutors are often willing to reduce charges for first-time offenders, especially if there were no injuries or damages.
4. Use a Necessity or Emergency Defense
If you were speeding due to an emergency, your lawyer can argue that:
- You were rushing someone to the hospital
- You were avoiding an accident or reckless driver
- Your vehicle had a mechanical failure that required sudden acceleration
This defense may not dismiss the case entirely, but it can help reduce the penalties.
5. Question Police Procedures
Law enforcement must follow strict procedures when issuing racing charges. If they:
- Pulled you over without probable cause
- Failed to read you your rights
- Did not properly document the stop
Then your lawyer may be able to challenge the legality of your arrest and get the case dismissed.
6. Argue for a Lack of Intent
Racing requires intent—meaning you must have been deliberately competing with another driver. If there is no clear evidence of intent, your lawyer can argue that:
✔ You were not engaged in a competitive race
✔ The other driver initiated the race, and you didn’t participate
✔ You were unaware that another vehicle was attempting to race
Without clear proof of intent, the case against you may not hold up in court.
What to Do If You’re Charged with Racing
If you’ve been arrested for racing, follow these steps immediately:
- Stay silent – Do not admit to anything or try to explain yourself to the police. Anything you say can be used against you.
- Gather evidence – If possible, collect dashcam footage, witness statements, or other proof that could support your case.
- Consult a defense lawyer – The sooner you get legal representation, the better your chances of avoiding a conviction.
- Attend all court hearings – Failing to appear can result in harsher penalties or a warrant for your arrest.
- Follow your lawyer’s advice – An experienced defense attorney will help you build the best possible defense.
Can a Racing Charge Be Dismissed?
Yes, with the right defense strategy, a racing charge can be reduced or dismissed. Factors that may help your case include:
- Lack of solid evidence (e.g., no video footage, unreliable witness statements)
- Mistaken identity (e.g., police misidentified the driver)
- No clear intent to race
- Law enforcement errors
Even if the case isn’t dismissed, a lawyer may be able to negotiate a reduced charge, helping you avoid jail time and a criminal record.
Final Thoughts
A racing charge is a serious offense that should not be taken lightly. The potential consequences—jail time, high fines, license suspension, and a criminal record—can have long-lasting effects on your life.
The best way to fight a racing charge is to hire an experienced defense lawyer who can challenge the evidence, negotiate with prosecutors, and build a strong case in your defense. Trafficlawguys.com provides exceptional legal representation, ensuring the best possible outcome for those facing racing charges. If you need an experienced Arizona racing defense attorney, their dedicated team is ready to help.
If you’re facing a racing charge, don’t wait—consult a defense lawyer today and protect your rights!
