Chesapeake Reckless Driving Lawyer Outlines What You Need to Know About Virginia Drag Racing Convictions
The thrill of drag racing quickly halts when a police officer pulls you over for reckless driving. Also called street racing, drag racing is not a simple traffic violation in Virginia. It is a serious criminal offense with possible long-term consequences, including jail time. If you’ve been charged with reckless driving, it’s paramount to understand the gravity of these accusations. Criminal defense lawyer James E. Short guides you through the steps you must take to protect your rights and future.
Drag Racing Is a Criminal Offense in Virginia
A drag racing charge is much more than your everyday speeding ticket. You cannot simply pay a nominal fine and go on with your business. The legal process for a reckless driving trial is more complex than that.
Section 46.2-865 of the Code of Virginia defines drag racing as participating in a race between two or more vehicles on the highways of the Commonwealth.
The law also extends to “any driveway or premises of a church, school, recreational facility, or business property.” The exception here is if the race was authorized by the owner of the property or their agent. A highway refers to any public road and not just an interstate. For a reckless driving charge, the race must have defined start and end points.
Notably, the statute on drag racing does not mention a specific speed. In this way, you may get charged with reckless driving for drag racing even if you were below the posted speed limit. It is also possible to face DUI and reckless driving charges from the same incident.
Potential Penalties and Consequences of Reckless Driving
The severity of possible punishment depends on whether the drag racing charge is considered a misdemeanor or a felony. Reckless driving can be either, depending on the circumstances of the given scenario.
Drag Racing Is Usually a Misdemeanor
Most Virginia drag racing cases are tried as a Class 1 misdemeanor. If the courts convict you of reckless driving for street racing, you may receive:
- Up to one year in jail
- A fine of up to $2,500
- A driver’s license suspension of six months to two years
- Six demerit points on your DMV record for 11 years
- A permanent criminal record
A permanent criminal record can have a profound impact on many areas of your life, long after you’ve been released from jail. You may face challenges with employment, immigration, housing, security clearance, child custody, and more.
When Street Racing Escalates to a Felony Charge
A drag racing charge is raised to a Class 6 felony if someone is seriously hurt or killed from the incident. The law describes this behavior as “gross, wanton and culpable” with a “reckless disregard for human life.” If you are convicted, the courts will seize and sell your car.
- If an innocent bystander is seriously injured, you may receive one to five years in prison and a fine of up to $2,500.
- If someone dies from the incident, you may face up to 20 years in prison with a one-year mandatory minimum. Your driver’s license will also be suspended for one to three years.
Life as a convicted felon is often even more difficult than someone who only has a misdemeanor on their permanent criminal record. As an experienced reckless driving attorney, James E. Short will explore all your legal options for reducing or dismissing the charge.
Aiding and Abetting a Drag Race Is a Crime
You may face criminal consequences even if you aren’t behind the wheel. Section 46.2-866 of the Code of Virginia states that aiding or abetting a drag race is a Class 1 misdemeanor. This may include planning the route, putting out barricades, or taking bets. Sentencing may include up to 12 months in jail and a $2,500 fine.
Hire a Proven Criminal Defense Lawyer to Fight for You
Taking reckless driving charges seriously cannot be emphasized enough. A drag racing conviction can dramatically impact your future. It’s crucial to have a proven criminal defense attorney on your side.
James E. Short can look into possible defense strategies for your case, such as:
- Investigating mitigating circumstances
- Challenging whether it was a drag race or simply speeding
- Negotiating to reduce the charge to improper driving
- Proving that you had permission from the property owner
- Introducing doubt into witness testimony
“I have never had an attorney work harder for me than James Short. The dedication he showed toward my case was much appreciated,” writes client Barry Sawyer. “He was always professional, ethical, and understanding of my needs and I felt that he had my best interest as a priority.