Racing
Racing
Traffic Offenses
Racing is a Crime
Racing in Virginia (Va. Code §46.2-865) is a form of reckless driving, and can be classified as a misdemeanor or a felony. Racing is a contest of speed between two or more vehicles on the highways of Virginia and the penalties are severe.
Virginia Code §46.2-865 reads:
Any person who engages in a race between two or more motor vehicles on the highways in the Commonwealth or on any driveway or premises of a church, school, recreational facility, or business property open to the public in the Commonwealth shall be guilty of reckless driving, unless authorized by the owner of the property or his agent. When any person is convicted of reckless driving under this section, in addition to any other penalties provided by law the driver’s license of such person shall be suspended by the court for a period of not less than six months nor more than two years. In case of conviction the court shall order the surrender of the license to the court where it shall be disposed of in accordance with the provisions of § 46.2-398.
How can the Commonwealth prove racing?
Racing is a contest of speed between two or more motor vehicles. The Commonwealth must prove that there were at least two drivers involved to classify the offense as a “race.” If an officer can testify two cars are driving very fast and one car attempts to pass the other car, this may be enough. The prosecutors rely heavily on admissions of the drivers to properly distinguish the case from one of simple speeding or reckless driving by speed.
Penalties
Misdemeanor Racing Charge
Racing in Virginia under Va. Code §46.2-865 is a Class 1 misdemeanor. It is punished with up to 12 months in jail, a fine up to $2500, mandatory driver’s license suspension for 6 months to 2 years, and 6 DMV demerit points. An owner of a vehicle engaged in a race can also have his car seized and forfeited if he was present in the vehicle engaged in the race, another person was driving, and he knowingly consented to the race (Va. Code §46.2-867(ii)). A person’s driver’s license will be revoked for 5 years if he is convicted of a fourth racing charge offense (Va. Code §46.2-394).
Va. Code §46.2-866 makes it a Class 1 misdemeanor to aid or abet a race in Virginia. It is punished by a jail sentence up to 12 months, a fine of up to $2500, or both.
Felony Racing Charge
If a race results in injury or death, the Virginia racing charge becomes a felony. Virginia Code §46.2-865.1 reads:
A. Any person who, while engaging in a race in violation of § 46.2-865 in a manner so gross, wanton and culpable as to show a reckless disregard for human life:
- Causes serious bodily injury to another person who is not involved in the violation of § 46.2-865 is guilty of a Class 6 felony; or
- Causes the death of another person is guilty of a felony punishable by a term of imprisonment of not less than one nor more than 20 years, one year of which shall be a mandatory minimum term of imprisonment.
B. Upon conviction, the court shall suspend the driver’s license of such person for a period of not less than one year nor more than three years, and shall order the surrender of the license to be disposed of in accordance with the provisions of § 46.2-398.
If the driver behaves in a manner so gross, wanton, and culpable to show a reckless disregard for human life, he faces a Class 6 felony which carries up to 5 years in prison. If his disregard results in the death of another person he can be punished with 1-20 years in prison. In addition to prison, a felony racing charge is punished with driver’s license suspension for 1-3 years, 6 demerit points with the DMV, and seizure and forfeiture of the vehicle involved in the race.
Collateral Consequences
Beyond the immediate penalties associated with a conviction for racing, other collateral consequences are also at play. Insurance premiums are likely to increase. Your education or employment opportunities may be hindered: if you are subject to a background check for employment, security clearance, or immigration, a racing conviction could affect your future.
If you find yourself charged with racing in Virginia, contact an experienced Virginia attorney. An initial consultation with a TATE BYWATER attorney is complimentary. We’ll discuss your case and work with you to obtain the best possible outcome. We’re here to help!
Relevant Virginia Statutes
Virginia Code §46.2-894 reads:
- The driver of any vehicle involved in an accident in which a person is killed or injured or in which an attended vehicle or other attended property is damaged shall immediately stop as close to the scene of the accident as possible without obstructing traffic, as provided in § 46.2-888, and report his name, address, driver’s license number, and vehicle registration number forthwith to the State Police or local law-enforcement agency, to the person struck and injured if such person appears to be capable of understanding and retaining the information, or to the driver or some other occupant of the vehicle collided with or to the custodian of other damaged property. The driver shall also render reasonable assistance to any person injured in such accident, including taking such injured person to a physician, surgeon, or hospital if it is apparent that medical treatment is necessary or is requested by the injured person.
- Where, because of injuries sustained in the accident, the driver is prevented from complying with the foregoing provisions of this section, the driver shall, as soon as reasonably possible, make the required report to the State Police or local law-enforcement agency and make a reasonable effort to locate the person struck, or the driver or some other occupant of the vehicle collided with, or the custodian of the damaged property, and report to such person or persons his name, address, driver’s license number, and vehicle registration number.
- Any person convicted of a violation of this section is guilty of (i) a Class 5 felony if the accident results in injury to or the death of any person, or if the accident results in more than $1000 of damage to property or (ii) a Class 1 misdemeanor if the accident results in damage of $1000 or less to property.
Virginia Code §46.2-895 reads:
- If the driver fails to stop and make the report required by § 46.2-894, every person sixteen years of age or older in the vehicle with the driver at the time of the accident, who has knowledge of the accident, shall have a duty to ensure that a report is made within twenty-four hours from the time of the accident to the State Police or, if the accident occurs in a city or town, to the local law-enforcement agency. The report shall include his name, address, and such other information within his knowledge as the driver is required to report pursuant to § 46.2-894.
Virginia Code §46.2-896 reads:
- The driver of any vehicle involved in an accident in which no person is killed or injured, but in which an unattended vehicle or other unattended property is damaged, shall make a reasonable effort to find the owner or custodian of such property and shall report to the owner or custodian the information which the driver is required to report pursuant to § 46.2-894 if such owner or custodian is found. If the owner or custodian of such damaged vehicle or property cannot be found, the driver shall leave a note or other sufficient information including driver identification and contact information in a conspicuous place at the scene of the accident and shall report the accident in writing within 24 hours to the State Police or the local law-enforcement agency. Such note or other information and written report shall contain the information that the driver is required to report pursuant to § 46.2-894. The written report shall, in addition, state the date, time, and place of the accident and the driver’s description of the property damage.
- Where, because of injuries sustained in the accident, the driver is prevented from complying with the foregoing provisions of this section, the driver shall, as soon as reasonably possible, make the required report to the State Police or local law-enforcement agency and make a reasonable effort to locate the owner or custodian of the unattended vehicle or property and report to him the information required by § 46.2-894.
Virginia Code §46.2-897 reads:
- If the driver fails to stop and make a reasonable search for the owner or custodian of an unattended vehicle or property or to leave a note for such owner or custodian as required by § 46.2-896, every person sixteen years of age or older in the vehicle with the driver at the time of the accident who has knowledge of the accident shall have a duty to ensure that a report is made within twenty-four hours from the time of the accident to the State Police or, if the accident occurs in a city or town, to the local law-enforcement agency. The report shall include his name, address, and such other facts within his knowledge as are required by § 46.2-896 to be reported by the driver.