Is Street Racing Legal in Virginia?
No, and quite frankly, we can’t believe you asked that question. We do understand, however, that those Fast and Furious movies and their ilk make street racing look glamorous and safe.
But the reality is that street racing is unglamorous, at least for residents who must hear revving engines and motorists who must dodge reckless speeders. Street racing is also very unsafe. According to the National Highway Traffic Safety Commission, speed-related crashes kill over 12,000 Americans a year.
Morally, it’s almost impossible to defend street racing. Legally, however, various defenses are usually available. A skilled Leesburg criminal defense lawyer leverages these defenses during pretrial settlement negotiations, or at trial, to reduce, or eliminate, the harsh direct and indirect consequences of street racing charges in Virginia.
Legal Status
Virginia Code §46.2-865 broadly defines street racing as engaging in a race, drag race, or speed competition between two or more vehicles on a highway or public roadway.
The law applies to both drivers and anyone who aids, abets, or promotes the race. Street racing drivers usually get much more than speeding tickets. Depending on the circumstances, prosecutors can charge the infraction as a Class 1 misdemeanor or, in more serious cases, a felony.
Non-injury street racing is typically a Class 1 misdemeanor. A conviction means up to 12 months in jail, a fine of up to $2,500, and mandatory license suspension for between six months and two years.
However, if street racing causes personal injury, property damage, or death, the criminal charges escalate dramatically.
If another person is seriously injured, the offender may face felony charges with potential prison sentences of up to five years. If someone dies as a result of a street race, the driver can be charged with manslaughter, carrying even harsher penalties, including lengthy imprisonment.
Charge reduction is a common plea bargaining strategy in these cases. For example, a Leesburg criminal defense lawyer may convince prosecutors to reduce charges from racing to speeding or from felony street racing to misdemeanor street racing.
Vehicle Impoundment and Forfeiture
Virginia’s criminal forfeiture laws are very broad and very controversial. Some see the practice as a way to produce revenue without raising taxes. Others decry it as policing for profit.
State law also allows police to impound all vehicles involved in illegal street racing. If that happens, the owner could permanently lose their car, even if it is financed or borrowed. Law enforcement agencies often use this provision to discourage repeat offenders and to demonstrate zero tolerance for street racing.
Enforcement and Prevention
Over the past several years, Virginia has stepped up street racing enforcement, especially in densely populated regions such as Northern Virginia, Richmond, and Hampton Roads.
Frequently, multiple law enforcement agencies coordinate targeted operations to identify and arrest participants, spectators, and organizers. The state also uses surveillance technology, traffic cameras, and social media monitoring to locate illegal events before they happen.
In addition to strict enforcement, officials stress education and prevention. As mentioned, many people legitimately believe that street racing is fun and safe. So, Virginia promotes legal alternatives, such as sanctioned drag strips and racing events, where drivers can compete safely under regulated conditions. In the meantime, public awareness campaigns inform young drivers about the legal and life-threatening consequences of street racing.
Connect With a Dedicated Loudoun County Lawyer
There’s a big difference between an arrest and a conviction in criminal law. For a confidential consultation with an experienced criminal defense attorney in Leesburg, contact Simms Showers, LLP, Attorneys at Law. The sooner you reach out to us, the sooner we start working for you.
Source:
nhtsa.gov/risky-driving/speeding
