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A person shall not 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 for the purpose of making a speed record on a street or highway.
Police typically issue a racing ticket when there are 2 or more cars involved. We generally see a racing ticket resulting from two cars racing each other away from a stoplight or engaging in rolling-start race on the highway.
We usually see exhibition of speed tickets that involve only a single car. Things like squealing tires around a corner, doing a burnout, doing donuts, or accelerating hard away from a stop sign or stop light can result in an exhibition of speed ticket.
From what we understand having interviewed many police officers, this is the main driver of the increased law enforcement efforts. When a parking lot takeover occurs, it generates many 911 calls from the nearby business owners as well as passersby. When an intersection takeover occurs, the non-participating motorists, who are caught up in the chaos and who cannot get where they want to go, start calling 911. The police will get dozens of calls from each event. There may be a dozen related events taking place in a single evening at different locations around the valley. This could result in hundreds of 911 calls related to street racing in a single evening. Local business owners have been pressuring the Phoenix Police Department and other law enforcement agencies to take increased action to curb street racing.
Phoenix has a task force dedicated to combatting street racing that was formed in early 2019. At the start of 2020, Phoenix Police Department received a $100,000 grant to stop street racing. This $100k is being used to fund a task force of over 25 people, including aircraft and helicopter usage. We have seen in our cases examples of the police calling in air support to track a suspect who tries to flee at high speed from the police. The police are willing to put forth considerable resources to prevent street racing. Phoenix also receives a substantial amount of money from the State to put towards pursuing street racing activities. The street racing task force works with law enforcement entities adjacent to Phoenix as well.
If you do a search for illegal street racing in Phoenix, you will find no shortage of stories with pictures of drivers doing donuts with people hanging out the windows of the car in a cloud of smoke. You will also read stories of drivers losing control while doing burnouts and crashing into spectators. There are also plenty of allegations of drug use, drug sales, shootings and impaired driving associated with these events. While not all street racing is this extreme, the pictures and stories leave an impression with readers, and with the legislators.
The police believe that street racing is often a byproduct of intersection or parking lot takeovers. When drivers are leaving the takeovers, they often engage one another in a drag race. This could be a race from a stop, such as from a red light, or a rolling start. Here again, this results in 911 calls from other motorists, homeowners, and business owners.
If there is another owner besides the person who was driving when the car was impounded, that owner can get the car back anytime. Here again, the owner will need to show a valid license and proof of insurance and registration.
No. If a driver goes to trial on a racing or exhibition of speed case, it will be a bench trial. This means a judge will decide the issue of whether the driver was racing or engaging in an exhibition of speed.
If a racing or exhibition of speed conviction hits your driving record, ADOT will require you to take an 8-hour traffic survival school class to avoid a suspension. If you already have points, then you might just get a straight suspension.
If you hire an attorney, your attorney can often attend the pretrial conferences without you. Some courts require that a defendant attend pretrial conferences, but this is the exception rather than the rule. We represent many clients from out-of-state who never return to Arizona or attend court. You can discuss whether or not your presence is necessary with your attorney. If your case goes to trial, you will almost certainly need to attend the trial in person.
Three to four months is usually a good estimate of time. Most courts want the case either resolved by a plea agreement or set for trial after about 3 pretrial conferences. Pretrial conferences are usually about 30 days apart.
In 2021, the charge of aiding or abetting was added to the racing statute. The aiding and abetting addition is targeted at people who facilitate or encourage racing or exhibition of speed. The statute reads:
A person who knowingly aids or abets another person in the commission of a violation of this section is guilty of a class 2 misdemeanor, except that a second or subsequent violation within a period of twenty-four months is a class 1 misdemeanor
We have seen over-zealous applications of the aiding and abetting law result in innocent bystanders being arrested. The situation usually involves a driver who happens to be in the area when something goes down, and law enforcement wrongfully stops them and arrests them. We have had good luck with getting the charges dismissed in these situations.
Following Too Closely - How Long Does It Take To Stop?A common civil traffic violation that we see is following too closely. Without getting into the merits of these tickets, or how police officers often follow civilians at dangerously close distances, I wanted to...
Four Common Driving Habits That Are Technically IllegalThis post discusses 4 common driving habits that most drivers do but that are technically illegal. These minor violations are often the basis for what attorneys call a pretextual traffic stop. In other words,...
Branson's Xtreme Racing Center offers you the opportunity to drive world championship European racing karts on a state-of-the-art, 3,500-foot concrete raceway. These are not your standard go karts; they are high performance racing karts that will pump you full of adrenaline from start to finish. No Driver's License is required to race.
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