Arizona Speed Competition and Racing Charges in Arizona

If you reside in the state of Arizona, it’s vital to be aware of the legal restrictions tied to ARS 28-708, which pertains to racing and speed competitions. Under this law, it is illegal to participate in any form of speed competition or race, whether it’s a drag race, acceleration contest, or similar on public roads or highways. Additionally, any acts of vehicle exhibition or attempts to set a speed record are strictly prohibited.  If you want a more simple look at this offense try seeing our blog post here which gives a comprehensive but quick explanation of this offense.  The blog titled “The Dangers of Street Racing in Arizona Cities” was featured on day 19 of our 365 day blog mini-series for Criminal Law in Arizona.

Defense Strategy

If you’re cited for violation of ARS 28-708, the situation might not be as straightforward as it appears. The circumstances surrounding each case can vary, and several defense strategies could be applicable, depending on the specifics of your case. It’s crucial to seek experienced legal advice to protect your rights and potentially mitigate the consequences of the charges you face.

The Racing Statute - What it Says in a Way That Makes Sense

Section A: This prohibits you from racing, speeding, drag racing, testing endurance, showcasing speed or acceleration, or attempting to set a speed record on a public street or highway.

Section B: If you break the rules stated in Section A, you could be charged with a class 1 misdemeanor. If you do it again within 24 months, it’s considered a class 6 felony, and you won’t be eligible for probation, pardon, suspension of sentence or release until you’ve served at least 10 days in jail or prison.

Section C: If you knowingly help or encourage someone else to break the rules in Section A, you’ll be charged with a class 2 misdemeanor. If you do this more than once within 24 months, it’s considered a class 1 misdemeanor.

Section D:For the first violation of the rules in Section A, you have to pay a fine of at least $250 and may be ordered to perform community service.

Section E:For subsequent violations of Section A, you have to pay a fine of at least $500 and may be ordered to perform community service.

Section F: If you’re sentenced to jail time under this law but you have a job or school, the court may allow you to continue working or going to school for up to 12 hours a day, 5 days a week. You’ll have to spend the rest of your time in jail until your sentence is served.

Section G: If you’re convicted under this statute, the judge can take away your driver’s license and notify the department. For the first conviction, your driving privileges may be suspended for up to 90 days. For subsequent convictions within 24 months, your driving privileges will be suspended for a year.

Section H: The director can authorize special events to use a highway or part of a highway that would normally be prohibited under this law.

Section I: If your license is suspended under this law and you’ve served at least 45 days of your suspension, you can apply for a restricted driver’s license that allows you to drive under certain conditions.

Section J: This defines what a “drag race” and “racing” are. A “drag race” can either be multiple vehicles racing side by side in an attempt to outpace each other, or one or more vehicles running a set course from the same starting point to compare their speeds. “Racing” refers to the use of one or more vehicles trying to surpass another vehicle or prevent another vehicle from passing.

What Constitutes a Violation?

A breach of this law is not confined to participating in organized races or speed competitions. Even a single vehicle accelerating quickly, trying to invite another vehicle to race by revving the engine or preventing another vehicle from overtaking could be prosecuted under this statute. The law is expansive enough to cover diverse driving behaviors beyond exceeding the speed limit.

How Tamou Law Can Help

At Tamou Law, we provide several strategies to defend against charges of racing on highways in Arizona:

  1. Case Evaluation and Strategy Development: Our skilled attorneys will thoroughly review the details of your case, including any police reports and witness testimonies, to develop a robust defense strategy tailored to your unique situation.
  2. Questioning Evidence and Procedures: We’ll rigorously analyze the methods employed by law enforcement during your arrest, ensuring that your rights were not violated. If any evidence was improperly obtained, we can move to have it excluded from your case.
  3. Negotiating Reduced Charges or Dismissal: Our experienced attorneys will negotiate on your behalf, working with the prosecution to reduce the severity of your charges or even seeking a complete dismissal if the evidence against you is insufficient or flawed.
  4. Trial Representation: If your case goes to court, our legal team will use their experiencedise and experience to present a compelling defense, arguing passionately for your innocence and seeking the most favorable outcome possible.

Consequences of Violating ARS 28-708

The repercussions of violating ARS 28-708 are significant, and penalties vary depending on the severity and recurrence of the offense. If convicted for the first time, this offense is considered a class 1 misdemeanor and could lead to:

  • Mandatory attendance at Traffic Survival School
  • A mandatory minimum fine of $250.
  • Accumulation of 8 points on your license.

Other Possible Penalties:

  • A maximum fine of $2,500.
  • Community service.
  • Suspension of the driver’s license for up to 90 days.
  • A jail sentence of up to 6 months.

If you’ve been previously convicted and find yourself cited for a similar offense within two years, you’re now facing a class 6 felony. The potential consequences for this are even graver, including a mandatory minimum of 10 days in jail, a fine of at least $500, license suspension, and possible imprisonment for up to two years.

Contact Us Today

If you or someone close to you is confronted with racing on highway charges in Arizona, it’s crucial to immediately seek the counsel of a seasoned criminal defense lawyer. At Tamou Law Group PLLC, we acknowledge the severity of racing on highway violations and are devoted to providing our clients with the informed and assertive defense they require to safeguard their rights and liberties. We represent clients all over Arizona, including Phoenix, Tucson, Mesa, Chandler, Glendale, Scottsdale, Gilbert, Tempe, Peoria, Surprise, and Flagstaff. Reach out to us today at 623-321-4699 to arrange a consultation and understand more about how we can assist with your racing on highway case.

Disclaimer: Please note that this content is intended for informational purposes and does not constitute legal advice. Always consult with an attorney for legal advice tailored to your situation.