Whether in the Phoenix area, or anywhere in Arizona, per A.R.S. §28-708, "Drag Racing" or "Racing on Highways" occurs when any person drives a vehicle or participates in any manner in a race, speed competition, contest, drag race, acceleration contest, test of physical endurance, or exhibition of speed or acceleration for the purposes of making a speed record on any street or highway. "Drag Racing" means either the operation of two (2) or more vehicles from a point side by side and accelerating in order to have a competitive attempt to outdistance each other or the operation of one (1) or more vehicles over a common selected course and from the same point for the purposes of comparing relative speeds or power of acceleration of the vehicle or vehicles within a certain distance or time. "Racing" means the use of one (1) or more vehicles in an attempt to out gain or out distance another vehicle or prevent another vehicle from passing. Many times on the highway drivers get upset and attempt to "play games" whereby they try to prevent somebody from passing their vehicle. After this occurs, they are often confused when an Officer cites them for "Drag Racing".
For a first offense "Drag Racing" or "Racing on Highways", the punishment is a class one (1) misdemeanor. In addition to the class one (1) misdemeanor punishment, the Judge can order the suspension of the person's driver's license for ninety (90) days. The range of punishment for a class one (1) misdemeanor is probation with anywhere from zero (0) days in jail up to six (6) months in jail, and a fine of up to $2500.00 plus an 80% surcharge.
If a person is convicted of a second offense within two (2) years of the first offense, then they can be charged with a class six (6) felony. In addition to the class six (6) felony punishment, the MVD can order the revocation of a person's driver's license for one (1) year. For a first offense a class six (6) felony, punishment can be probation with zero (0) days in jail up to one (1) year in jail; or prison of four (4) months to two (2) years of incarceration. If the person has one (1) allegeable historical prior conviction, then the "prison only" range is nine (9) months to two and three quarters (2.75) years in prison. If the person has two (2) allegeable historical prior convictions, then the "prison only" range is two and one quarter (2.25) to five and three quarters (5.75) years of incarceration.
With regards to defending a "Drag Racing" charge, it is important to point out that there was no second vehicle, or no others involved in a "competitive contest". Obviously, it is very difficult for an Officer to stop two (2) persons at once, so usually it is the Officer's testimony that it "appeared" a second vehicle was involved, in order to try and prove the crime of Drag Racing. In regards to "Racing on the Highways", the Officer will normally testify that you sped up in order to prevent somebody from passing, or that you were weaving in and out of traffic along with a second vehicle. If it can be shown that you were completely unaware of the second vehicle's presence, then you are technically not guilty of "Racing" anybody. In addition, many times people are trying to get away from somebody who is experiencing Road Rage. If it can be shown that you were not racing, but you were merely fleeing out of necessity and fear, then this can be a defense to the charge of Drag Racing / Racing on the Highways. It will be important to try and find any independent witnesses (such as passengers in your car) or present other factors which show that you were "fleeing in fear". Obviously, if you were the lead vehicle, this defense makes sense. However, if you were the vehicle in the rear, then it does not make sense. If at all possible, we will attempt to plead the case down to a "lesser charge" of "Aggressive Driving". Aggressive Driving is a civil charge (not a criminal charge), and it does not involve any jail time. In addition, the Judge cannot suspend your driver's license.
The "Common Defenses", which may apply in any criminal case are numerous and diverse. One of the most common defenses we encounter is a "Miranda Rights Violation". In Arizona, the standard of whether any inculpatory statement (i.e., a statement which tends to admit guilt) is admissible into evidence is based upon a "Voluntariness" standard. If we can demonstrate that the police coerced you (i.e., intimidated or tricked you) into making a confession or inculpatory statement, or that they did not properly read you your Miranda Rights, then we can suppress those statements and any evidence gathered as a direct result of those statements. In addition, "Denial of Right to Counsel" is another common defense which is often raised. This occurs when a suspect is in custody and requests to speak to their lawyer, but is denied and questioning continues. In certain cases (such as DUI) it is mandatory that you speak to an attorney as soon as possible in order to determine your rights before your body burns away the evidence of your presumably low alcohol content. Other defenses include challenging the validity of any search warrant, or whether there were any "forensic flaws" during the investigation of your case. This could include exposing flawed procedures regarding blood, breath, and urine testing; fingerprints analysis; DNA testing; etc. Lastly, one of the most common defenses is exposing sloppy or misleading police reports which include everything from misstatements, false statements, flawed photo line-ups and inaccurate.
It is important to hire an AV® rated law firm (the highest possible rating by Martindale Hubbell®), with the most Certified Criminal Law Specialists of any AV® rated Arizona Law Firm, per the Arizona Board of Legal Specialization. In addition, the Firm and all of it's lawyers are listed in the Bar Register of Preeminent Lawyers®. At the Law Offices of David Michael Cantor, P.C., the majority of our Attorneys are ex-Prosecutors, and all of our Attorneys know the system well. For a free initial consultation, call us at 1-888-822-6867, or click here to contact us now.
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Aggravated DUI, Aggravated DWI |
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Not Guilty |
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