Exhibitions of Speed Lawyers
What Is the Crime of Racing/Exhibition of Speed?
Most courts have expanded the traditional definitions of drag racing in current anti-racing ordinances. The traditional notions of drag racing and exhibitions of speed often hold that there are more than one driver and or an audience to watch. Currently, most courts have eliminated the multi-car and audience requirements.
Common Elements of a Violation of Anti-racing/Exhibition of Speed Regulation
Although states differ on what acts are considered racing, most states have these acts in common.
- Screeching tires (by itself usually not sufficient evidence for conviction)
- Deliberately trying to gain the public’s attention
- Driving that unnecessarily increases the risk of injury to the public
- It is not a requirement that the speed limit was violated or that you commit other moving violations to be cited for racing/exhibition of speed – for instance, you could be cited while moving less than 5 miles per hour while deliberately causing your car to lose control
Possible Defenses against Charges of Racing
Anti-racing regulations are often broad in their definitions based on the attitude of the court and the community. Because of this broadness, most offenders have argued that the laws themselves are difficult to understand and therefore not valid laws.
- Vague statute – the statute or ordinance was not specific enough to put an ordinary person on notice of what activities are prohibited
- There was no intent to race or exhibit speed
- Loss of traction and noise was caused by road conditions – such as gravel or moisture
Do I Need an Attorney if I Have Been Cited for a Racing/Exhibition of Speed Violation?
Because anti-racing/exhibition of speed laws were drafted with the intent of being broad, they can often get past constitutional requirements that all valid laws be specific enough to give a common person notice of the prohibited act. An attorney specializing in moving violations or constitutional law can assist in determining whether the law is valid and if you are in violation of it.
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Last Modified: 09-12-2011 02:43 PM PDT
