Under Texas law, drag racing, speed contests, street racing, and any exhibition of speed are illegal on public roads or highways. A first offense without injury may be charged as a Class B misdemeanor, but the presence of aggravating factors can elevate the offense to a second-degree felony.
If you have been charged with racing allegations, the Dallas highway street racing defense attorneys at The Law Offices of RJ Harber are aggressive and results-driven advocates who know how the other side goes about these charges.
A charge is not a conviction. As a former prosecutor, our lead attorney, “RJ” Harber, knows the ins and outs of the legal system. Have an experienced Dallas attorney in your corner. Contact us today for a free consultation.
Texas Transportation Code § 545.420—Racing on Highways
A person commits an offense if they participate in any manner in:
- A race
- A vehicle speed competition or contest
- A drag race or acceleration contest
- A test of the physical endurance of a vehicle operator
- An exhibition of vehicle speed or acceleration in connection with a drag race
- An attempt to make a vehicle speed record
A person also commits an offense if they facilitate, organize, or use a roadway for any race or related prohibited activity.
Additionally, an offense occurs if a person allows another individual to operate their vehicle in any of the prohibited activities listed above, including races, speed competitions, drag races, endurance tests, exhibitions of speed or acceleration, or attempts to set a speed record on a roadway.
Aggravating Factors
Racing charges can escalate under certain circumstances. Here’s how a racing on a highway charge can rise to a felony:
Bodily Injury or Death: If someone is seriously injured or killed as a result of the racing activity, the charge can be elevated to a second-degree felony.
Prior Convictions: If the person charged has previous convictions for racing on a highway, the offense can be upgraded to a third-degree felony.
Intoxication: If the person racing was under the influence of drugs or alcohol at the time of the offense, the charge could be escalated to a third-degree felony, especially if it others were harmed.
Reckless Driving: If the racing activity puts the public in significant danger, the charge might be raised to a felony. This could include situations where street racing occurs in populated areas or in conditions where it is particularly hazardous (near schools, during heavy traffic, etc.).
Penalties for a Street Racing Conviction
Under Texas Transportation Code § 545.420, these are street racing penalties:
Class B Misdemeanor
First-time participation in a street race, vehicle speed competition, or drag race without any aggravating factors. Up to 180 days in jail and a fine of up to $2,000. Potential suspension of the driver’s license.
Class A Misdemeanor
Participation in a street race if there is a prior conviction for racing, racing while intoxicated, or if the racing causes bodily injury. Up to 1 year in jail and a fine of up to $4,000. License suspension for a determined period.
State Jail Felony
Participation in street racing with two or more prior convictions for race-related offenses. 180 days to 2 years in state jail and a fine of up to $10,000. License suspension.
Third-Degree Felony
If the street racing results in bodily injury, 2 to 10 years in prison and a fine of up to $10,000.
Second-Degree Felony
If the street racing results in serious bodily injury or death, 2 to 20 years in prison and a fine of up to $10,000.
Common Street Racing Defenses
Lack of Evidence
The prosecution must prove beyond a reasonable doubt that you were racing on a highway. This often requires eyewitness testimony, video, or evidence from the scene. If this evidence is lacking or can be discredited, it may be possible to have the charges dismissed.
Mistaken Identity
In some cases, it may be possible to argue that you were not the person who was racing. This could be the case if the police did not witness the race and instead relied on descriptions from witnesses.
Improper Police Conduct
If the police violated your rights during your arrest or the investigation of your case, it might be possible to exclude certain evidence, weakening the prosecution’s case.
Know Your Rights If You Are Facing a Criminal Charge
Following an arrest on a criminal charge for highway street racing in Texas, here are key things that you should know:
You have the right to remain silent: You don’t have to answer any questions from law enforcement officers or prosecutors. It is not in your best interests to talk to law enforcement or prosecutors without an attorney by your side.
You have the right to a lawyer: Nobody should have to take on the state alone. An experienced criminal defense attorney can protect your rights and fight for the best outcome for you.
Contact us for a Free Consultation
Dallas racing on highways attorney, RJ Harber, has the skills and experience to handle highway racing charges. Whether you are facing charges for being caught in a vehicle speed competition, street racing, a drag race, or causing a serious bodily injury, we fight hard to reduce the consequences of a street racing charge under Texas law.
As a former prosecutor, RJ Harber has extensive experience in criminal defense. He knows the prosecution’s strategies and how to counter them effectively. With our firm on your side, you can have peace of mind knowing you have a seasoned advocate fighting for you. Contact us today to schedule your free consultation.
FAQ
What should I do if I’m charged with racing on a highway in Texas?
If you’re accused of racing on a highway, contact a street racing defense lawyer to review how the stop occurred, whether the prosecution’s case relies on assumptions about accelerating speeds, or a competitive attempt between two or more vehicles. Penalties depend on whether a person participates intentionally and whether anyone suffered bodily injury.
Is it illegal to race other cars in Texas?
Under the Texas Transportation Code, a racing offense can include any speed competition or contest, drag race, acceleration contest, or any test of physical endurance over a specified distance. Texas law also covers situations involving one or more vehicles attempting to break a vehicle speed record, or when drivers engage in a competitive attempt to reach a given destination. Even informal speed contests can qualify as unlawful racing.
Can I face felony charges if someone gets hurt during a race?
If an individual suffered serious bodily injury during a racing activity, Texas prosecutors may pursue a state jail felony, third-degree felony, or potentially a second-degree felony. The severity of the charge depends on the level of harm, any prior convictions, and connected DWI charges. These cases often involve proof of vehicle speed or acceleration and witness statements.
Can a racing offense affect my Texas driver’s license?
A conviction for racing, whether a speed competition or competitive attempt, can result in the suspension of your driving privileges. The impact often depends on the circumstances involved, such as serious injury or an open container present.