Understanding Racing Exhibition of Speed Arizona: ARS 28-708
Facing criminal traffic charges is overwhelming. The legal system is complex and can be intimidating. Lawyer Listed is here to help. Understanding the specifics of the crime and the potential penalties if convicted are important steps in navigating the legal system.
This guide provides a detailed overview of Arizona criminal traffic laws. It explains key terms and the penalties for racing exhibition of speed Arizona charges. It also answers frequently asked questions about your charges.
Remember, this information is for educational purposes only and is not a substitute for legal advice from an experienced criminal defense attorney. If you are charged with a criminal traffic violation, let Lawyer Listed match you with your ideal Arizona criminal traffic defense lawyer as soon as possible.
What is ARS Racing on Highways?
Racing exhibition of speed is a criminal traffic charge in Arizona that goes beyond a simple speeding ticket. It applies whenever you use your car to compete or show off speed, even if you race against yourself (e.g. timed course). The criminal element involves operating a vehicle with the intent to outdistance another driver, prevent another vehicle from passing, or achieve a speed record.
According to the ARS racing on highways statute, it is illegal to drive a vehicle or participate in the following activities:
- Race or speed competition
- Drag race or acceleration contest
- Exhibition of speed or acceleration
- Driving for the purpose of making a speed record
Common Racing and Exhibition of Speed Activities
Because the law is so broad, many different driving behaviors can lead to a racing exhibition of speed Arizona charge. It’s not just about organized races. The law covers actions that might seem minor to some drivers but are considered dangerous exhibitions by law enforcement. Some common examples of driving that could be prosecuted under this statute include:
Drag Racing Activities:
- Accelerating from a stop or over a set distance as part of an organized or spontaneous contest with another vehicle
- One vehicle trying to achieve maximum speed or acceleration over a set distance
- Racing against time or competing for speed records
Solo Exhibition Behaviors:
- Rapid acceleration or “burning out” from a stop
- Excessive spinning of tires to create smoke or noise
- Performing stunts that demonstrate speed or acceleration capabilities
- Showing off driving skills in a way that emphasizes speed
Racing-Related Behaviors:
- Preventing another vehicle from passing you during a race-like situation
- Driving in a manner that invites or encourages racing behavior from other drivers
Sentencing for Racing Exhibition of Speed
The penalties for racing exhibition of speed Arizona charges vary based on several factors, including your actions and your criminal history. The following table summarizes the potential consequences for racing exhibition of speed:
Racing Exhibition of Speed
| First Offense | Subsequent Offenses (within 24 months) | |
|---|---|---|
| Classification | Class 1 misdemeanor | Class 6 felony |
| Incarceration | Jail: Up to 6 months | Prison: 0.33 – 2 years (10 days mandatory minimum) |
| Probation | Up to 3 years | Up to 3 years |
| Crime Fine | Up to $250 | Up to $500 |
| Statutory Fines | Up to $2,500, plus surcharge | Up to $150,000, plus surcharge |
| License Points | 8 points | 8 points |
| License Action | Possible 90-day suspension | Mandatory 1-year suspension |
| Criminal Record | Yes | Yes |
| Insurance Impact | Increased premiums | Increased premiums |
Aiding and Abetting
| First Offense | Subsequent Offenses (within 24 months) | |
|---|---|---|
| Classification | Class 2 misdemeanor | Class 1 misdemeanor |
| Jail Time | Up to 4 months | Up to 6 months |
| Probation | Up to 2 years | Up to 3 years |
| Statutory Fines | Up to $750, plus surcharges | Up to $2,500, plus surcharges |
Subsequent Offenses
Enhanced penalties for multiple convictions within a 24‑month period are based on when the offenses were committed — not when the convictions were entered. If you are charged with racing exhibition of speed for a second time, the court will compare the date of the new offense to the date of the earlier offense to determine whether they fall within the statutory 24–month window.
Arizona Driver License Points
Points will be added to your driving record following a conviction for a moving violation. If you are convicted of multiple violations during one driving incident, only the highest point value will be added to your record. Accumulating 8 or more points in 12 months can result in mandatory traffic survival school or a suspension of your license for up to 12 months.
Frequently Asked Questions (FAQs)
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Key Takeaways:
- Definition and Scope: Racing exhibition of speed refers to driving with the intent to outdistance, outgain, or prevent another vehicle from passing, or to operate a vehicle for the purpose of setting a speed record. The offense applies whenever a vehicle is used to compete or display speed—whether against another driver or against the clock.
- Acts of Racing Exhibition of Speed:
- Race: Competing to outdistance another vehicle or block it from passing
- Speed Competition or Contest: Any organized or spur-of-the-moment event focused on speed
- Drag Race: Side-by-side or solo acceleration over a set course to compare speed or time
- Acceleration Contest: Rapid acceleration as part of a competitive challenge
- Test of Physical Endurance: Long‑distance or stamina‑based driving on public roads
- Exhibition of Speed or Acceleration: Showing off a vehicle’s speed or power through driving maneuvers
- Sentencing:
- First offense:
- Class 1 misdemeanor
- Jail: up to 6 months with mandatory 20 days
- Probation: up to 3 years
- License suspension: possible 90-day suspension
- Subsequent offenses within 24 months:
- Class 6 felony
- Prison: 4 months to 2 years with mandatory 20 days
- Probation: up to 3 years
- License suspension: mandatory 1-year suspension
- First offense:
Next Steps:
Arizona criminal traffic violations carry serious consequences. The charge of racing exhibition of speed and the resulting sentence depend on several factors. Lawyer Listed helps you understand the law and your rights to effectively get through this difficult situation.
If you’re facing a criminal traffic citation in Arizona, engaging a skilled Arizona criminal traffic attorney is essential to protect your rights and manage the process. Don’t try navigating the legal system alone; let Lawyer Listed match you with an experienced criminal defense lawyer right away.