Have you been charged with racing on a highway in North Texas? Contact former prosecutor RJ Harber for immediate help.
If you need to know where to turn after your charges, the Dallas highway street racing defense attorneys at The Law Offices of RJ Harber are aggressive, experienced, and results-driven advocates for those charged.
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.
Types of Street Racing Charges
You may think of racing as two cars speeding side by side down a highway, but the law considers more than just this scenario. In Texas, the term “racing” covers different actions and is classified as a criminal offense.
Racing involves using one or more vehicles to best outdistance another vehicle, prevent another vehicle from passing, or arrive at a destination ahead of another vehicle. It also includes testing the endurance of the vehicle operator over a long distance. Let’s discuss some of the most common types of racing charges you might face.
Illegal Drag Racing
Drag racing is typically defined as two or more vehicles competing against each other over a set distance. Most people think of this when they hear the term “street racing.” It’s illegal on public roads.
Illegal Street Racing Contests
Speed contests involve one or more drivers attempting to outpace each other or trying to achieve a specific speed within a certain distance. These contests, on public roads, are also illegal under Texas law. Speed contests can also involve testing a driver’s endurance over a long-distance driving route.
Exhibitions of Speed
Exhibitions of speed are situations where a driver accelerates hard or performs other risky maneuvers, such as burnouts or donuts, to show off their vehicle’s speed or acceleration capabilities. While these actions may not involve competition with another driver, they are still illegal.
Texas Transportation Code § 545.420(a)
Under Texas Transportation Code § 545.420(a), a person commits an offense if the person participates 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 the operator of a vehicle
- In connection with a drag race, an exhibition of vehicle speed or acceleration, or to make a vehicle speed record
Texas Transportation Code § 545.420(b)(1)
Texas Transportation Code § 545.420(b)(1) outlines further offenses related to racing on a highway. Under § 545.420(b)(1), a person commits an offense if the person facilitates or organizes a race or uses a roadway, not a racetrack.
Texas Transportation Code § 545.420(b)(2)
Under § 545.420(b)(2), an offense is committed if a person allows another to operate their vehicle in a race, speed competition, contest, drag race, acceleration contest, test of physical stamina, exhibition of speed or acceleration, or making a speed record on a roadway.
Texas Transportation Code § 545.4205
This code criminalizes interfering with a peace officer’s investigation of highway racing or reckless driving exhibitions. This law targets individuals who knowingly obstruct or delay law enforcement efforts during such investigations.
Penalties for this offense can range from a Class B misdemeanor, punishable by up to 180 days in jail and a fine of up to $2,000, to a Class A misdemeanor with harsher penalties if aggravating factors, such as prior convictions, are present.
How These Charges Are Classified
In Dallas, Texas, the “racing on a highway” charge can escalate to a third-degree felony under certain circumstances. Generally, racing on a highway is considered a serious offense, and the severity of the charge depends on various factors, such as any injuries or fatalities, specific aggravating circumstances, or the driver’s prior criminal record.
Here’s how a racing on a highway charge can rise to a third-degree 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 third-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. Repeated offenses demonstrate a pattern of behavior that the law penalizes more severely.
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 resulted in harm to others.
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.).
The Consequences of a Street Racing Offense
Facing criminal charges for racing on a highway can lead to severe and long-lasting consequences, affecting your freedom and future opportunities. If convicted, you could face a range of penalties, including:
Jail or Prison Time: Depending on whether the charge is a misdemeanor or felony, incarceration could range from a few months to several years.
Fines: Monetary penalties can be substantial, often reaching thousands of dollars.
Probation: You may be placed under court supervision for some time, with strict conditions that must be followed.
Driver’s License Suspension: Your driving privileges can be revoked, affecting your ability to work.
Permanent Record: A conviction goes on your criminal record.
Increased Insurance Rates: Convictions for racing can lead to skyrocketing auto insurance premiums or even the possibility of being dropped by your insurer.
Street Racing Penalties
Under Texas Transportation Code § 545.420, these are street racing penalties:
Class B Misdemeanor:
- Offense: First-time participation in a street race, vehicle speed competition, or drag race without any aggravating factors.
- Penalty: Up to 180 days in jail and a fine of up to $2,000.
- Additional Penalties: Potential suspension of the driver’s license.
Class A Misdemeanor:
- Offense: Participation in a street race if there is a prior conviction for racing, racing while intoxicated, or if the racing causes bodily injury.
- Penalty: Up to 1 year in jail and a fine of up to $4,000.
- Additional Penalties: License suspension for a determined period.
State Jail Felony:
- Offense: Participation in street racing with two or more prior convictions for race-related offenses.
- Penalty: 180 days to 2 years in state jail and a fine of up to $10,000.
Third-Degree Felony:
- Offense: If the street racing results in bodily injury.
- Penalty: 2 to 10 years in prison and a fine of up to $10,000.
- Additional Penalties: Potential revocation of the driver’s license.
Second-Degree Felony:
- Offense: If the street racing results in serious bodily injury or death.
- Penalty: 2 to 20 years in prison and a fine of up to $10,000.
- Additional Penalties: License revocation.
Other Criminal Charges Our Criminal Defense Lawyers Handle
Criminal charges—including illegal street racing charges—should always be defended case-by-case. The specific facts matter. An experienced criminal defense lawyer can review the allegations, run an independent investigation, and build a defense strategy that makes the most sense for your situation. Here are related crimes we can assist with:
- DWIs
- Reckless Driving
- Theft
- Drug Crimes
- Evading Arrest
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 physical 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 actually 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
Our Dallas racing on a highway defense 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 is considered highway racing in Texas?
Racing on a highway in Texas, including a street race, encompasses drag racing, speed contests, exhibitions of speed, tests of physical endurance, or attempts to make a speed record on public roads.
Can I lose my driver’s license if I’m convicted of racing on a highway?
Yes, a conviction for racing on a highway can result in suspension or revocation of your driver’s license.
What can happen if street racing ends in a serious bodily injury?
The high vehicle speed of street racing in Texas can lead to bodily injury or death. The nature of these events attracts car enthusiasts and street racers, who can end up in the line of fire. When that happens, charges can be much more severe, leading to felony convictions.
How can the Law Offices of RJ Harber defend me for racing against one or more vehicles?
If you’re charged with racing on a highway, it’s crucial to seek legal representation as soon as possible. A skilled criminal defense attorney can help protect your rights and work to achieve the best possible outcome in your case.