Arizona Racing & Exhibition of Speed Lawyers
Charged with racing or exhibition of speed in Arizona? Under A.R.S. § 28-708 street racing, drag racing, and even a single burnout or hard launch is a Class 1 misdemeanor, the most serious misdemeanor, and a second offense within 24 months is a Class 6 felony with mandatory jail and a one-year license loss. Do not admit you were racing before you call us.
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Is Racing or Exhibition of Speed a Crime in Arizona?
Quick answer: Yes. Under A.R.S. § 28-708, racing on a highway, drag racing, a speed competition, an acceleration contest, or any exhibition of speed or acceleration, including a burnout, a “donut,” or a hard launch off the line, is a Class 1 misdemeanor, the most serious misdemeanor class. A first offense carries up to six months in jail, a fine of at least $250, and a license suspension of up to 90 days. A second violation within 24 months is a Class 6 felony, with a mandatory 10 days in custody, a fine of at least $500, and a one-year license suspension. Importantly, the State must prove your driving was an actual race or exhibition, not just fast or spirited driving, which is often where these cases can be beaten or reduced to reckless driving.
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Former Prosecutors · Law Enforcement · Public Defenders
When you call Tamou Law Group, you reach a firm that handles criminal defense exclusively, with serious experience defending racing and exhibition of speed and other traffic crime cases across Arizona. Our team includes former prosecutors and law enforcement officers, so we know exactly how the State builds these cases, and where they fall apart.
At many large firms, the name on the building is a marketing figurehead, you rarely get them on the phone and your case goes to a junior associate. When you hire Tamou Law Group, your case is handled by a full team of attorneys, not associates, including Michael Tamou.
On This Page
- Is Racing or Exhibition of Speed a Crime in Arizona?
- Racing, Speed Contests & Drag Racing, § 28-708(A)
- Exhibition of Speed or Acceleration
- Second Offense Within 24 Months, Class 6 Felony
- Aiding, Facilitating & Organizing, § 28-708(C)
- Fines, Jail & License Loss
- Racing vs. Reckless Driving vs. Criminal Speeding
- Penalties & Sentencing
- Defenses That Work
- Our Defense Team
- FAQs
If you’ve been charged with racing and exhibition of speed in Arizona, you probably have urgent questions about what you’re facing and what comes next. Here are straight answers to the questions people ask most, with a plain-English breakdown of the law under A.R.S. § 28-708, the penalties, and the defenses that matter most.
Racing, Speed Contests & Drag Racing, § 28-708(A)
Section 28-708(A) makes it unlawful to drive a vehicle, or participate in any manner, in a race, speed competition or contest, drag race or acceleration contest, test of physical endurance, or exhibition of speed or acceleration, or to drive for the purpose of making a speed record, on a street or highway. A first violation is a Class 1 misdemeanor, the most serious misdemeanor class in Arizona. Note that you can “participate in any manner,” so the State does not always need two clearly matched cars, but it does need to prove an actual contest or display, not just fast driving.
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Exhibition of Speed or Acceleration
An exhibition of speed or acceleration is the provision most often used against a single driver, a burnout, a “donut,” or a hard launch off the line. There is no requirement that anyone else be racing. Because the term is broad, it is also frequently overcharged: a chirp of the tires or brisk acceleration is not necessarily an exhibition. The State must prove a genuine display of speed or acceleration, which is a central battleground in these cases.
Second Offense Within 24 Months, Class 6 Felony
A second or subsequent violation within 24 months is a Class 6 felony. By statute, a person convicted of the felony is not eligible for probation, pardon, suspension of sentence, or release on any other basis until they have served at least 10 days, and the department suspends the driving privilege for one year. Because the felony hinges on a qualifying prior inside the 24-month window, the exact date and validity of any earlier offense is critical, and defeating it keeps the case a misdemeanor.
Aiding, Facilitating & Organizing, § 28-708(C)
It is a separate crime to help facilitate, aid, abet, or organize a race or exhibition of speed, for example by flagging the start, blocking traffic, or setting up the event. A first violation is a Class 2 misdemeanor; a repeat within 24 months is a Class 1 misdemeanor. Merely being a spectator is not the same as facilitating, an important distinction where police sweep up everyone present at a meet-up.
Fines, Jail & License Loss
A first-offense Class 1 misdemeanor carries up to six months in jail, a fine of at least $250 (plus substantial surcharges), and up to three years of probation; the court may suspend your license for up to 90 days. A felony second offense carries a fine of at least $500, the mandatory 10 days, and a one-year license suspension. Beyond the sentence, a conviction adds points to your Arizona driving record and can trigger insurance and licensing fallout.
Racing vs. Reckless Driving vs. Criminal Speeding
The same stop can be charged three very different ways. Which one sticks decides whether you face a civil fine, a lesser misdemeanor, or the most serious misdemeanor Arizona has.
| Offense | Statute | Class | Key Exposure |
|---|---|---|---|
| Criminal Speeding | 28-701.02 | Class 3 Misdemeanor | Up to 30 days jail |
| Reckless Driving | 28-693 | Class 2 Misdemeanor | Up to 4 months jail |
| Racing / Exhibition of Speed (1st) | 28-708(A) | Class 1 Misdemeanor | Up to 6 months jail + license suspension |
| Racing / Exhibition of Speed (2nd in 24 mo) | 28-708 | Class 6 Felony | Mandatory 10 days, 1-yr license suspension |
Moving a racing charge down to reckless driving, or a civil violation, is often the single most valuable outcome in these cases. See our pages on reckless driving, criminal speeding, and Arizona’s reasonable-and-prudent speed law.
What the State Must Prove for Racing & Exhibition of Speed
To convict you of Racing & Exhibition of Speed under A.R.S. § 28-708, the prosecutor must prove every one of these elements beyond a reasonable doubt. If even one fails, the charge fails.
- 1Driving or participating. You drove a vehicle, or participated in any manner, in the event the State alleges.
- 2A race, contest, or exhibition. The activity was a race, speed competition or contest, drag or acceleration contest, test of endurance, or an exhibition of speed or acceleration, not merely fast driving.
- 3On a street or highway. The conduct occurred on a public street or highway, not on private property or a closed course.
- 4Identity. That it was you, specifically, who was driving in the race or performing the exhibition.
Examples of Conduct Charged as Racing & Exhibition of Speed
- Two cars agreeing to race from a red light
- A drag race on a straight stretch of public road
- A single driver doing a burnout or donut in an intersection
- Revving and launching hard to ‘show off’ at a car meet
- Blocking traffic to clear a lane for others to race
What Sentence Could You Actually Face?
A first offense is the most serious misdemeanor Arizona has; a second within 24 months is a felony with mandatory custody and a full year without your license. Even helping organize a race is its own crime.
Class 2 Misd.
Aiding or Organizing a Race
Class 1 Misd.
First Offense (Racing / Exhibition)
Class 6 Felony
Second Offense in 24 Months
⚠ A Second Offense Becomes a Felony
A second racing or exhibition of speed conviction within 24 months is a Class 6 felony. By law you cannot be released until you have served at least 10 days, and your license is suspended for one year. That is why the timing and validity of any prior, and whether the current conduct was truly a “race,” are the heart of the defense. Keeping the charge a misdemeanor, or getting it reduced, changes everything.
How We Fight Arizona Racing & Exhibition of Speed Cases
Every case has weak points. These are the defenses we look at first.
Attacking the “Race or Exhibition” Element
It Was Not a Contest. Two cars accelerating near each other, or one car driving fast, is not automatically a race. The State must prove an actual competition or a deliberate display of speed.
No Exhibition of Speed. A single rev, a chirp of the tires, or normal acceleration is not an “exhibition.” The conduct has to be a genuine show of speed or acceleration.
Spectator, Not Participant. Watching, or even being near, a gathering is not the same as driving in a race or facilitating one under § 28-708(C).
Not a Street or Highway. Racing on a closed course, a private track, or private property is not covered by § 28-708.
Attacking Identity, the Stop & the Proof
Mistaken Identity. In a crowd of cars, officers often cannot say which driver did what. If they cannot prove you were the one racing, the case fails.
Unreliable Speed Estimate. A visual estimate with no radar or lidar, or uncalibrated equipment, is weak proof. We challenge how speed was measured.
Unlawful Stop. If police lacked reasonable suspicion to pull you over, the evidence that followed can be suppressed.
Prior Outside 24 Months. A felony charge requires a qualifying prior within 24 months. If the prior is too old, the felony allegation fails.
The Experts We Bring to the Table
Drug cases are built on lab reports, searches, and informants. We bring the specialists who take them apart.
Forensic Chemists & Toxicologists
Drug ID & Weight
Independently test the substance and its usable weight, the elements the State must prove, and expose flawed lab work.
Search & Seizure Analysts
How the Drugs Were Found
Reconstruct the stop, the search, and the warrant to find the Fourth Amendment violations that get evidence suppressed.
Informant & Buy Experts
Controlled Buys
Scrutinize confidential informants, controlled-buy procedure, and inducement, the weak core of many sale cases.
Chain-of-Custody Analysts
Evidence Handling
Trace the drugs from seizure to lab and expose gaps, mislabeling, and contamination that make the evidence unreliable.
Digital Forensics Experts
Texts & ‘For Sale’ Proof
Examine phone and message evidence the State uses to argue intent to sell, and challenge what it actually proves.
Treatment & Mitigation Specialists
Drug Court & Diversion
Build the case for TASC, drug court, and treatment-based resolutions that avoid a conviction or prison.
Recent Racing & Exhibition of Speed Defense Results
Every case is unique and results depend on the facts, but these examples reflect how our firm handles racing and exhibition of speed cases across Arizona.
Alleged Street Race
Reduced to Reckless Driving
Two cars accelerated from a light near each other. With no proof they agreed to compete, we resolved a racing charge to a single reckless-driving count, avoiding the license suspension.
Exhibition of Speed, Burnout
Dismissed
The stop rested on a bare visual speed estimate and a claim of ‘squealing tires.’ We challenged the officer’s basis and the charge was dismissed.
Second Offense in 24 Months
Reduced to Misdemeanor
We showed the prior conviction fell outside the 24-month window, defeating the felony allegation and keeping our client out of the felony range.
Drag Race Allegation
Charges Dropped
Video from the scene did not show two vehicles racing. After we presented it to the prosecutor, the racing charge was dropped.
Aiding an Exhibition of Speed
Dismissed
Our client was a spectator, not an organizer. We established that mere presence is not facilitating a race, and the charge was dismissed.
Racing & Reckless Driving
Diversion, No Conviction
With strong mitigation and a clean record, we secured a diversion resolution that kept a conviction off our client’s record entirely.
What Clients Say About Tamou Law
Real Google reviews from clients we have defended across Phoenix and Maricopa County. Every review is from a criminal defense client, never padded with non-legal work.
Clients reach us searching for a racing on highways attorney in Arizona, the best exhibition of speed lawyer, or help with a Phoenix street racing or Scottsdale drag racing charge under A.R.S. 28-708. Our Phoenix criminal defense lawyers and Scottsdale criminal defense attorneys defend racing and exhibition of speed and other traffic crime cases across Phoenix, Scottsdale, Mesa, Tempe, Chandler, Gilbert, Glendale, Peoria, and all of Maricopa County, from offices in both cities. This page is part of our Arizona traffic offenses practice. Call 623-321-4699 or contact our team for a free, confidential consultation, 24/7.
Arizona Racing & Exhibition of Speed FAQs
Quick answers to the questions we hear most about racing and exhibition of speed charges, penalties, and defenses in Arizona.
Is exhibition of speed a misdemeanor or a felony in Arizona?
A first exhibition of speed or racing offense under A.R.S. 28-708 is a Class 1 misdemeanor, the most serious misdemeanor class. A second offense within 24 months becomes a Class 6 felony with a mandatory minimum of 10 days in custody and a one-year license suspension.
Can doing a burnout or donut get you charged with exhibition of speed?
Yes. A burnout, a donut, or a hard launch off the line can be charged as an exhibition of speed or acceleration under A.R.S. 28-708, even with no other car involved. But the State must prove it was a genuine display of speed, not just a chirp of the tires or normal acceleration.
What is the difference between racing and reckless driving in Arizona?
Racing and exhibition of speed (A.R.S. 28-708) is a Class 1 misdemeanor that requires proof of a contest or display of speed. Reckless driving (A.R.S. 28-693) is a Class 2 misdemeanor covering driving with reckless disregard for safety. Racing carries a possible license suspension that reckless driving does not, which is why reducing a racing charge to reckless driving is often a favorable result.
Will I lose my license for a racing charge in Arizona?
Possibly. On a first-offense conviction the court may suspend your license for up to 90 days. On a second offense within 24 months, which is a felony, the department suspends your driving privilege for a full year. A conviction also adds points to your Arizona driving record.
Can street racing be charged as a felony on a first offense?
A first racing or exhibition of speed offense is a Class 1 misdemeanor, not a felony. It becomes a Class 6 felony only on a second or later offense within 24 months. However, if racing causes serious injury or death, the state can pursue far more serious charges such as aggravated assault or homicide.
What if I wasn’t actually racing anyone?
This is one of the strongest defenses. The State must prove an actual race, contest, or exhibition of speed, not just fast or spirited driving. Two cars accelerating near each other, or one car driving quickly, is not automatically racing, and cases without proof of a real contest are often dismissed or reduced.
Does racing on a private track or private property count under 28-708?
No. A.R.S. 28-708 applies to a street or highway. Racing or an exhibition of speed on a closed course, a sanctioned track, or genuinely private property is not covered, which can be a complete defense depending on where the conduct occurred.
Can an exhibition of speed charge be dismissed or reduced?
Yes. These charges are frequently overcharged and rely on officer assumptions. By attacking the stop, the speed evidence, identity, and whether the conduct was really a race, our firm regularly gets these cases dismissed or reduced to reckless driving, criminal speeding, or a civil violation.
Is it a crime to help organize or flag a street race?
Yes. Under A.R.S. 28-708(C) it is a separate offense to facilitate, aid, abet, or organize a race, for example by flagging the start or blocking a road, charged as a Class 2 misdemeanor (a Class 1 on a repeat). Being a spectator alone, however, is not the same as facilitating.
Should I talk to the police after a street racing stop?
No. Provide your license, registration, and insurance, then politely decline to answer questions and ask for a lawyer. Admissions that you were racing, showing off, or competing are exactly what the State needs to prove the charge. Call 623-321-4699 before you give any statement.
Key Takeaways
- Racing and exhibition of speed (A.R.S. § 28-708) is a Class 1 misdemeanor, the same class as a standard DUI, not a mere traffic ticket.
- It covers far more than two cars lined up: a solo burnout, donut, or hard acceleration can be charged as an exhibition of speed, with no other racer required.
- A first offense means up to 6 months jail, a fine of at least $250 (plus surcharges), and a license suspension up to 90 days.
- A second offense within 24 months is a Class 6 felony, with a mandatory 10 days in custody and a one-year license suspension.
- Merely helping or organizing a race, flagging, blocking a road, or setting it up, is a separate crime under § 28-708(C).
- The key defense is that the State must prove an actual race or exhibition. Fast driving alone is not enough, and many cases drop to reckless driving or criminal speeding.
- Your case is handled by a full team of attorneys, not associates, including Michael Tamou, available 24/7 at 623-321-4699.
Two Arizona Offices, One Team
We serve all of Maricopa County and the surrounding area, with free, confidential consultations 24/7 by phone and in-person meetings at either office by appointment.
Case Results Disclaimer: The results described on this page are based on specific facts and circumstances and do not guarantee or predict a similar outcome in any future case. Every case is different. Past results do not guarantee future results. No attorney-client relationship is formed by viewing this page or submitting a contact form until a written fee agreement has been signed. Tamou Law Group, PLLC is licensed to practice law in the State of Arizona. This website is for informational purposes only and does not constitute legal advice.