Wide roads in Phoenix and empty highways in the surrounding areas offer many excellent opportunities for adventurous driving. However, motorists must always be sure to remain safe and not endanger themselves or other travelers. In fact, Arizona state law criminalizes forms of driving that place others at an unreasonable risk of danger.
A common example of this dynamic is the prohibition on racing. Simply put, it is against the law for any person to engage in any form of motor vehicle race on a public road, street, or highway. Convictions under this law can result in the payment of fines, a license suspension, increase insurance rates and even time in jail.
If you have received a citation or been arrested under suspicion of racing or exhibition of speed, one of our Phoenix racing defense lawyers could help. Our reliable and experienced attorneys could work with you to explain the concept of illegal racing, identify the potential consequences, meet with the assigned prosecutor on your behalf and promote a powerful defense that aims to protect your freedom, driving record and your finances.
The various traffic laws that exist throughout the state intend to make travel as safe as possible. According to Arizona Revised Statute § 28-708, no person may drive a vehicle or participate in any form of race on a public street or highway. This includes drag racing, speed contests, or any other form of race where vehicles attempt to set a speed record or beat out another driver.
Allegations of racing are criminal charges. A first offense is a class 1 misdemeanor. This means that a conviction could result in up to six months in jail. In addition, the statute provides for a minimum fine of $250, and the court may suspend a defendant’s license for up to 90 days. Second offenses within two years of a first offense come with a mandatory jail sentence of ten days and are felonies in the eyes of the law. A Phoenix defense attorney could provide more information about the criminal offense of racing and the potential penalties for conviction.
A conviction for racing is a life-changing event that will result in the creation of a criminal record and impact both a person’s freedom and finances. As a result, it is important to build a defense against these allegations as quickly as possible.
One option is to dispute whether the alleged racing took place in a public location. According to the statute, the law only applies on public streets, roads, and highways. As a result, people are free to race on private property. A racing defense lawyer could help to investigate the exact location in Phoenix of the supposed racing.
Another possibility is to fight back against the accusation of racing behavior. It can be difficult for a prosecutor to prove that a person driving at high speeds was participating in this activity for the purpose of setting a speed record or competing against another driver. To this end, it may be possible for an attorney to argue for a reduction in charges to simple speeding as opposed to the criminal charge of racing.
Allegations involving racing are serious matters. A Phoenix racing defense lawyer could help you defend yourself against these charges. This could include raising doubt as to whether a race actually took place or presenting evidence that the incident took place on private property. Contact our firm now for a strategy session.