While driving over the speed limit runs the risk of receiving a speeding ticket, there is a big difference for an ordinary speeding violation and an exhibition of speed. The notion of exhibition of speed is a reference to Arizona statute A.R.S. 28-708, which covers drag racing and racing on highways. An experienced traffic ticket attorney will be able to help you with street racing charges like the ones below.
Participating in the following driving behaviors in any manner will lead to a violation of A.R.S. 28-708:
- Driving a vehicle participating in a race
- Operating a vehicle involved in a speed contest or competition
- Driving in a drag race, acceleration contest, test of physical endurance or “exhibition of speed” or acceleration
- Attempting to make a speed record on any Arizona street or highway
While ordinary drivers may think these laws could not possibly apply to them because they don’t race, this is not necessarily true. If, for example, an Arizona driver gets involved in a road rage incident with a fellow driver and cuts the other driver off or races past them, these laws could still apply.
If you have been charged with a violation of A.R.S. 28-708, know that a conviction could lead to time served in an Arizona jail or prison. Talk to a Phoenix traffic violation defense lawyer to receive the legal counsel that protects your legal rights.
Penalties for Violating A.R.S. 28-708
These laws against drag racing, racing on highways and engaging in exhibitions of speed are classified as a Class One misdemeanor offense. A first offense violation of this Arizona statute may lead to probation or anywhere from 0 days to six months in jail. Additionally, Class One misdemeanors may result in:
- A $2,500 fine
- A judge-ordered 90-day driver’s license suspension
- Community service
- MVD will likely assess 8 points against your driver’s license, which will trigger the requirement to complete Traffic Survival School.
However, if an individual commits a second exhibition of speed or racing offense within two years of the first offense, the driver may be charged with a Class 6 felony. A first offense Class Six exhibition of speed felony can lead to the following punishments and penalties:
- Between 0 days and 1 year in jail
- A prison sentence ranging from 4 months to 2 years
- If the defendant has one allegeable historical prior conviction, the prison only sentence extends to a range of 9 months to 2.75 years
- if the defendant has two allegeable prior convictions, the prison only sentence extends to a range of 2.25 years to 5.75 years
- A $500 fine may also be ordered as well as community service and revocation of the driver’s license
Legal Defenses to a A.R.S. 28-708 Charge
A Phoenix traffic ticket attorney will look at every angle of the facts and circumstances surrounding the charges a defendant faces. If applicable, the attorney will raise legal defenses that could result in charges being reduced or dismissed.
For example, if a defendant is charged with drag racing, a lawyer could get these charges dismissed if it can be shown that there was no second vehicle involved in a competitive contest. If the prosecutor cannot prove that two vehicles were involved, the charges may not hold up in court. Similarly, on a racing charge, if a lawyer can show that the defendant was unaware that there was a second vehicle present, the defendant would not be “racing” anyone from a legal perspective.
These distinctions matter, especially when defendants face possible jail time. Defendants give themselves the best chance of staying out of jail and/or avoiding a license revocation by seeking the representation of an experienced Phoenix traffic violation defense lawyer who will zealously advocate on their behalf by providing a committed legal defense.
If you are facing street racing charges, the Phoenix traffic ticket attorneys at Tyler Allen Law Firm are here to help you. We will work side-by-side with you to make sure you are getting the best outcome for your case. Contact us today.