Need an Arizona Misdemeanor Lawyer? Contact the Law Offices of David Michael Cantor if you have been charged with Drag Racing/Racing on Highways.
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”.
Possible Punishment for Drag Racing / Racing on Highways
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 84% 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.
Possible Defense for Drag Racing / Racing on Highways
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” for Drag Racing / Racing on Highways, which may apply in any criminal case are numerous and diverse. One of 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 Attorney, but is denied and questioning continues. Other defenses may include challenging the validity of any search warrant, or whether there were any “forensic flaws” during the investigation of your case. Depending on what you have been charged with, this could include exposing flawed procedures regarding blood, breath, and urine testing; fingerprints analysis; DNA testing; ballistics; gunshot residue testing; computer analysis/”cloning hard drive” procedures; forensic financial accounting reviews; 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 crime scene reconstruction.
It is important to hire an AV® rated law firm (the highest possible rating by Martindale Hubbell®). Also David Michael Cantor is an Arizona Misdemeanor Lawyer and a Certified Criminal Law Specialist, per the Arizona Board of Legal Specialization. In addition, the Firm and all of its 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 Arizona Misdemeanor Lawyers know the system well. For a free initial consultation, call us at 1-888-822-6867, or click here to contact us now.
Contact The Law Offices of David Michael Cantor and speak to an Arizona Misdemeanor Lawyer. We will assist you with your Drag Racing / Racing on Highways case.
