In a big state like Texas with many extensive, open roadways it can be tempting to race your vehicle and even get a false impression that it’s safe. However, racing on a highway is a criminal offense in Texas due to the large amount of risk it poses to other drivers on the road.
An experienced Dallas traffic offense lawyer can fight to protect your rights while defending your freedom and your future from a DFW metroplex racing on a highway conviction.
Racing on a Highway Defense Lawyer in Irving, Dallas, Carrolton, Richardson, TX
There are more reasons than just racing for one or more people to speed down a highway. If you have been charged with the offense of racing on a highway, our firm will work to protect your rights while fighting to get your racing charges reduced or dismissed.
Contact the Law Offices of Richard C. McConathy today at (972) 233-5700 for a consultation about your alleged offense in Irving, Dallas, Carrolton, Richardson, and surrounding areas of Dallas County, Texas. Our firm will work to potentially get your criminal charges reduced or dismissed.
Racing on a Highway in Texas Defined
According to Texas Tn. Code Ann. § 545.420, it is an offense to participate in a race of any kind on Texas roads. This includes a vehicle speed competition or contest, a drag race or acceleration contest, a test of the physical endurance of the operator of a vehicle, or the attempt to make a vehicle speed record through vehicle speed or acceleration in a drag race.
The statute defines a race as the use of one or more vehicles in an attempt to outgain or outdistance another vehicle or prevent that vehicle from passing, arrive at a given destination ahead of another vehicle or vehicles, or test the physical stamina or endurance of a driver over a long-distance route. A drag race is an operation of two or more vehicles from a point side by side at accelerating speeds in a competitive attempt to outdistance each other. A drag race in Texas can also be racing one or more vehicles on a common course to compare the relative speeds or power of acceleration of the vehicles in a specific distance or time.
In order to get a conviction for your racing on a highway offense, the prosecution must prove the factors of the case that indicate racing beyond a reasonable doubt. An experienced traffic law defense attorney in Dallas County can fight for a reduction of charges to speeding through convincing evidence that the defendant was in fact only speeding or passing, and for a dismissal if the rate of speed was justified. A reduction or dismissal of your charge would mean avoiding the serious consequences that come with a DFW racing conviction.
Penalties for Racing on a Highway in the Metroplex
Generally, a simple racing on a highway conviction is a Class B misdemeanor in Texas. The penalties for a Class B misdemeanor such as racing on a highway in Dallas are defined in Texas Penal Code § 12.22 as a maximum of 180 days in jail and a $2,000 fine.
Other considerations in your case could increase the penalties you face. A subsequent offense of racing on a highway is a Class A misdemeanor, as is an offense while intoxicated or while in possession of an open container of alcohol. A Class A misdemeanor is punishable by a maximum of one year in prison and a $4,000 fine.
It can also be a felony. In addition to the penalties for felonies assigned by the Texas Penal Code, a felony conviction also comes with consequences including the loss of certain rights like the right to vote, the ineligibility for specific government assistance, and an inability to pursue certain jobs or professions.
It is highly recommended you contact a knowledgeable and experienced Dallas criminal defense attorney if you face any of the following felony racing on highway offenses and their subsequent penalties:
State Jail Felony Racing on a Highway
- Third or subsequent offense
- 180 days – 2 years of jail time
- Up to $10,000 fine
Third-Degree Felony Racing on a Highway
- An individual suffered bodily injury as a result of the offense
- 2-10 years of prison
- Up to $10,000 fine
Second-Degree Felony Racing on a Highway
- An individual suffered serious bodily injury or death as a result of the offense
- 2-20 years of prison
- Up to $10,000 fine
Find a Dallas Racing Defense Attorney | Law Offices of Richard C. McConathy
If you have been charged with a misdemeanor or felony racing on a highway our firm will fight to protect your rights while working towards a reduction or dismissal of your racing charges.
Contact the Law Offices of Richard C. McConathy today at (972) 233-5700 for a consultation about your alleged offense in Irving, Dallas, Carrolton, Richardson, and surrounding areas of Dallas County, Texas. Our firm will work to potentially get your criminal charges reduced or dismissed.