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Racing on a Highway

You may have seen actors in movies such as Fast and Furious all of a sudden have an impromptu race on the highway with little to no consequence. Although racing can make for a fun film, the act is prohibited under Texas law. Racing on a highway is a criminal offense in Texas that can yield harsh penalties including incarceration and expensive court fines.

If you’ve been arrested for racing on a highway, we urge you to get in contact with an experienced Texas racing attorney as soon as possible. The penalties for the crime are so great they could change your life drastically if you’re convicted. Having an experienced and skilled criminal defense attorney on your side will significantly increase your chances of reduced or even dismissed charges.

Racing Attorney in Austin, Texas | Racing & Drag Racing Laws in Texas

If you’ve been arrested and charged for racing on a highway, then consult The Law Office of Kevin Bennett. Kevin Bennett of The Law Office of Kevin Bennett has assisted clients charged with traffic offenses for years, which includes racing. Don’t admit guilt or enter any plea without talking to an experienced Austin racing attorney today.

You can set up your first consultation free by calling our offices at (512) 476-4626. The Law Office of Kevin Bennett is located in Austin, Texas but accepts clients throughout the greater Travis County area including Pflugerville, Lago Vista, Lakeway, and Rollingwood.

Information Center:

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Is Racing on a Highway a Criminal Offense in Texas?

Generally speaking, yes. Racing on the highway in any form is illegal in Texas under the Transportation Code Section 545.420. According to the statute, no person can do any of the following on Texas roads or highways:

  • Any type of race
  • A vehicle speed competition or content
  • Any type of acceleration contest or drag race
  • Tests of physical endurance for the vehicle’s operator
  • Exhibition of a vehicle’s speed or acceleration
  • Attempt to or make a vehicle speed record in connection with a drag race

A “drag race” defined under the Texas Transportation Code is any two or more vehicles from a point side by side that are accelerating speeds in an attempt to outdistance the other. The race can include one or more vehicles on a selected course for the purpose of comparing the relative speeds or power of acceleration of the vehicle or vehicles during a certain date/time.

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What Is the Penalty for Street Racing in Texas?

The severity of the penalty for racing will depend on the facts of the case and whether you have any prior racing convictions. A first-time offense for racing on a highway is a class B misdemeanor, which is punishable by up to 180 days in jail and a fine of up to $2,000. A second racing conviction will result in a class A misdemeanor, which can result in jail sentence of up to one year and a fine of up to $4,000.

The crime is also classified as a class A misdemeanor if the court finds one of the following true:

  • You were intoxicated during the commission of the crime; or
  • Were in possession of an open container

If this is your third racing conviction, expect to face felony level charges. You’ll be charged with a state jail felony and face up to two years in state jail as well as a $10,000 fine.

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Is Racing a Felony in Texas?

In certain situations, the prosecutor may file the charges as a felony due to certain factors existing in the case. These factors include:

  • Whether someone was injured and sustained a bodily injury as a result from racing; or
  • Whether another person suffered serious bodily injury or death as a result from racing

Racing where someone sustains a bodily injury is charged as a third-degree felony. The maximum penalties for a third-degree felony include up to 10 years in jail and a fine of up to $10,000. If someone was seriously injured or died as a result of the crime, then you’ll face a second-degree felony. The maximum consequence for a second-degree felony includes up to 20 years in prison and a fine of up to $10,000.

In addition, law enforcement will automatically seize your vehicle after your arrest. You cannot reclaim your vehicle until all removal and storage fees have been paid.

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Additional Resources

Texas Laws for Racing – Visit the official website for the Texas Transportation Code to learn more about their laws for racing on a highway or roadway. Access the site to learn what constitutes as racing under Texas law, the penalties for racing, and other related crimes.

Austin Police Department | Highway Response Team – Visit the official website for the Austin Police Department to learn more about their Highway Response Team, which investigates crashes and enforces traffic laws on the highways in Austin. Access the site to learn more about their methods for arresting traffic violators and the unit’s contact information.

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Austin Attorney for Racing Defense in Texas

Have you been arrested or charged with racing on a highway in Texas? It’s imperative you do whatever you can to have the most formidable defense possible so you can avoid the statutory penalties. Don’t wait another moment for experienced representation and consult The Law Office of Kevin Bennett. Traffic defense attorney Kevin Bennett of The Law Office of Kevin Bennett has years of experience representing people accused of traffic crimes. He can analyze the facts of your case, inform you of your legal options, and be your guide through the legal process so you face minimal penalties.

Schedule your first consultation with The Law Office of Kevin Bennett by calling our office at (512) 476-4626. The Law Office of Kevin Bennett accepts clients throughout the greater Austin metropolitan area including Pflugerville, Lakeway, Lago Vista, Manor, Bee Cave, Hudson Bend, Rollingwood, and West Lake Hills.

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