Tucson Racing Attorney
Racing in Arizona is a class 1 misdemeanor, and carries severe penalties. It carries a mandatory fine, possible community restitution, and a potential jail sentence. A second violation of racing within 24 months is a class 6 felony and carries a mandatory 10 day jail period. A judge may order to suspend the person’s driver’s license for 90 days. On a second conviction of racing, MVD will revoke the person’s license. Elias Damianakos is Tucson racing attorney defending people charged with racing, exhibition of speed, criminal speeding, and all criminal traffic charges.
Arizona Racing Law
Arizona’s racing statute is found in A.R.S. § 28-708, and provides in part:
A. A person shall not drive a vehicle or participate in any manner in a race, speed competition or contest, drag race or acceleration contest, test of physical endurance or exhibition of speed or acceleration or for the purpose of making a speed record on a street or highway.
B. A person who violates this section is guilty of a class 1 misdemeanor. If a person is convicted of a second or subsequent violation of this section within twenty-four months of a first conviction, the person is guilty of a class 6 felony and is not eligible for probation, pardon, suspension of sentence or release on any other basis until the person has served not less than ten days in jail or prison.
C. A person who is convicted of a first violation of this section shall pay a fine of not less than two hundred fifty dollars and may be ordered by the court to perform community restitution.
D. A person who is convicted of a subsequent violation of this section shall pay a fine of not less than five hundred dollars and may be ordered by the court to perform community restitution.
E. On pronouncement of a jail sentence under this section and in cases of extreme hardship, the court may provide in the sentence that if the defendant is employed or attending school and can continue employment or school the defendant may continue the employment or school for not more than twelve hours per day nor more than five days per week, and the defendant shall spend the remaining days or parts of days in jail until the sentence is served. The court may allow the defendant to be out of jail only long enough to complete the defendant’s actual hours of employment or school.
F. If a person is convicted of violating this section, the judge may require the surrender to a police officer of any driver license of the person and immediately forward the abstract of conviction to the department. On a first conviction, the judge may order the suspension of the driving privileges of the person for a period of not more than ninety days. In the case of a first conviction and on receipt of the abstract of conviction and order of the court, the department shall suspend the driving privileges of the person for the period of time ordered by the judge. In the case of a second or subsequent conviction for an offense committed within a period of twenty-four months and on receipt of the abstract of conviction, the department shall revoke the driving privileges of the person.
Defenses to Tucson Racing Charges
In order to prove that a person was racing, there must be evidence that the driver was engaged in some competitive exhibition of speed against another person. Although an officer may subjectively believe there was another driver that was competing, it may be difficult to do so if that person was not pulled over, and did not admit to racing. If you were charged with racing in Tucson, call our office to speak with Elias Damianakos, an experienced Tucson racing attorney for more information and to discuss your options.
