Street Racing and Exhibition of Speed Laws and Penalties

Most states have laws prohibiting speed competitions (street racing) and exhibitions of speed (peeling out, squealing tires, and other similar conduct). However, state laws vary in defining, classifying, and penalizing these offenses. This article discusses some of the more common definitions and penalties.

What Is Street Racing and Is it Illegal?

Generally speaking, street racing is illegal in every state. However, each state has its own traffic laws. So, definitions of street racing and the penalties it carries differ depending on where you're at.

How State Laws Define Illegal Street Racing

Street racing (sometimes referred to as "speed competitions," "drag racing," or "speed contests") laws generally cover several types of car and motorcycle racing. These laws typically make it illegal to drive a vehicle on a highway or other premises open to the public in any race, speed contest, or acceleration contest.

Broad Definitions of Street Racing

Under some state laws, racing doesn't necessarily have to be side-by-side drag racing. Racing statutes often contain prohibitions such as driving to:

• "outgain or outdistance" another vehicle
• prevent another vehicle from passing
• arrive at a destination ahead of other vehicles, or
• test the physical stamina or endurance of drivers over long-distance routes.

In other words, in states that use a broad definition of street racing, it's illegal to operate a vehicle competitively against another vehicle or clock (or another timing device).

Some States Define Street Racing as Involving More than One Vehicle

Some states have street racing laws that apply only to speed competitions between two or more vehicles. To break the law in these states, the motorist must engage in a speed competition with another vehicle. The competition can be either prearranged or spontaneous.

What Is an Exhibition of Speed and Is it Illegal?

In many jurisdictions, "exhibitions of speed" are included in the definition of street racing. However, some states define an exhibition of speed more specifically and treat it as a separate offense.

How State Laws Define an Exhibition of Speed

Actions of a driver that might qualify as an unlawful exhibition of speed could include:

• squealing or spinning the tires
• rapid acceleration
• swerving or weaving in and out of traffic
• leaving visible tire acceleration marks
• causing unnecessary engine noise
• skidding or sliding upon acceleration or stopping, or
• causing the vehicle to turn abruptly or sway.

To prove an exhibition of speed violation, prosecutors generally must prove the driver operated a vehicle in a way that drew the attention of persons nearby or disturbed the peace.

Some State Laws Require Proof the Driver Intended an Exhibition of Speed

Drivers sometimes screech their tires or lose traction without meaning to. To guard against the possibility of accidental conduct leading to a ticket, some states require proof of intent for a driver to be convicted of an exhibition of speed violation. In other words, there needs to be evidence the driver intended to show off or impress another person (though no particular person needs to be identified).

Is Street Racing a Misdemeanor or Felony?

Depending on the jurisdiction and circumstances of the case, these street racing or an exhibition of speed can be infractions, misdemeanors, or felonies. In most jurisdictions, felony charges are unlikely unless the situation involves injuries or other aggravating circumstances.

Penalties for Street Racing and Exhibitions of Speed

The penalties for street racing and exhibitions of speed convictions vary significantly by state.

Potential penalties include imprisonment, fines, community service, driver's license suspension or revocation, vehicle impoundment, vehicle forfeiture, demerit points on the motorist's driving record, and completion of a driver's education course.

Penalties are often more severe if:

• the offender has subsequent convictions within a certain time period
• the offense involved bodily injuries, or
• the driver was intoxicated at the time of the offense.

In states that make exhibition of speed a separate offense, penalties are typically less severe than those imposed for an offense involving a speed competition.

Street Racing and Exhibitions of Speed Can Lead to Serious Criminal Charges

For racing or driving in a manner that might qualify as an exhibition of speed, the driver could also face reckless driving charges. And if this type of driving leads to the death of another person, vehicle homicide charges are a possibility.