Street Racing Defense

Under § 28-708(A), a person may not drive a vehicle or "participate in any manner" in any of these on a street or highway:

• A race, speed competition or contest
• A drag race or acceleration contest
• A test of physical endurance
• An exhibition of speed or acceleration
• Driving for the purpose of making a speed record

Key definitions

Section 28-708(J) defines two terms. A "drag race" is either two or more vehicles starting side by side at accelerating speeds "in a competitive attempt to outdistance each other," or one or more vehicles over a common course from the same point to compare speed or acceleration within a distance or time limit. "Racing" means using one or more vehicles to try to outgain or outdistance another vehicle, or to prevent another vehicle from passing.

The statute does not define "exhibition of speed or acceleration." Because of that, what the officer says you did, and what the video shows, often becomes the center of the case. Under § 28-708(H), the director may authorize an organized, properly controlled event in writing, and that event is not a violation.

For general background, see Cornell LII Wex: reckless driving. The Arizona rules are the statutes cited on this page.

• Jail: A class 1 misdemeanor carries up to six months in jail under A.R.S. § 13-707(A)(1). A class 2 misdemeanor carries up to four months under § 13-707(A)(2).
• Fines: A first violation carries a fine of at least $250 (§ 28-708(D)). The maximum fine is $2,500 for a class 1 misdemeanor and $750 for a class 2 misdemeanor under A.R.S. § 13-802(A) and (B). The court may also order community restitution.
• Repeat offense: A felony repeat violation means at least 10 days in jail or prison before probation, pardon, suspension of sentence or release, and a fine of at least $500. For a first felony offense, A.R.S. § 13-702(D) sets a class 6 range of .33 years (mitigated) to 2 years (aggravated), with 1 year presumptive.
• Work or school release: In cases of extreme hardship, § 28-708(F) lets the court allow you to keep working or attending school for up to 12 hours a day, five days a week, while serving a jail sentence.
• Your license: On a first conviction, the judge may suspend your driving privileges for up to 90 days. On a second or later conviction for an offense within 24 months, MVD must suspend your privileges for one year (§ 28-708(G)). In some cases, § 28-708(I) allows an application for a restricted license after at least 45 consecutive days of the suspension. Ask us whether it applies to you.

Racing cases often turn on a few seconds of observation. We look at exactly what the officer saw and whether it fits the statute.

• Was it a race? Two cars leaving a light quickly is not, by itself, a race. The definitions require things like a competitive attempt to outdistance another vehicle or a comparison over a common course.
• Exhibition of speed: Because the phrase is not defined, we look closely at the facts alleged, such as tire noise, distance and how long the officer watched.
• Identity and vantage point: We check which vehicle the officer followed, from where and for how long, and whether other similar vehicles were nearby.
• Video and data: Body camera, dash camera, traffic camera and vehicle data can confirm or contradict the report.
• The 24-month rule: For a felony allegation, we check the dates of the prior conviction and the new offense closely.
• Resolution and mitigation: Depending on the facts, the State may consider a lesser charge such as reckless driving under A.R.S. § 28-693(C), a class 2 misdemeanor. A clean record and a driving course can help in negotiations.