Street Racing Law in Virginia: Breaking it Down

Many local law enforcement agencies highlight street racing enforcement. Although fewer than 0.5 percent of fatal crashes involve street racing, these incidents receive lots of attention. Multiple news outlets report about them, many people blog about them, and politicians crow about them. To stem the street racing “epidemic,” Virginia law includes a number of possible penalties, most of which are very strict, for people involved in street racing in any way.

Street racing offenses in Virginia are far worse than traffic tickets. A conviction could mean jail time. Therefore, if you or a loved one is charged with street racing, a Leesburg reckless driving lawyer should handle the case. Attorneys carefully analyze cases and diligently build defenses. If a lawyer works hard to lay the right foundation, the state often agrees to drop these charges, or at least reduce them to the level of a standard traffic ticket.

Simple Racing

Racing on a public street or publicly-accessible surface, like a parking lot, is reckless driving in Virginia. For this kind of reckless driving, possible penalties include an unusually strict drivers’ license suspension.

The suspension itself lasts a maximum of six months. Additionally, the defendant must surrender his/her license to the court, leaving the defendant without picture identification.

A Leesburg criminal defense lawyer can usually obtain a hardship license in these cases. These licenses usually allow defendants to drive for essential purposes, such as going to and from work or school. Additionally, an attorney helps a defendant choose another form of picture ID for the duration of the suspension. Not all picture IDs, especially employee ID cards and other non-government-issued IDs, are acceptable in all cases.

Incidentally, a drivers’ license suspension doesn’t end once the suspension period ends. Drivers must provide proof of insurance, pay reinstatement fees, and jump through a few other hoops before they get their drivers’ license cards back.

Enhanced Racing

Street racing is a felony if the race causes a serious injury or death. However, in addition to the serious injury or death, the state must prove an enhanced mental state (“a manner so gross, wanton and culpable as to show a reckless disregard for human life”). This mental state is just short of intentionally causing a death or serious injury.

Additionally, the state normally needs medical bills to establish “serious” injury. Many times, these records aren’t available. Many “serious” injury victims don’t go to the hospital, or they get tired of waiting and leave.

Ancillary Matters

In Virginia, these matters include aiding or abetting a street race and post-race vehicle forfeiture proceedings.

Aiding and abetting charges usually involve paid informers. Police “pay” the informants by offering to reduce or drop charges. This information is almost inherently unreliable, even if it’s accurate. Many people will say practically anything for love or money.

Civil forfeiture is one of the most controversial police tactics in Virginia. Street racing forfeiture is a bit different. In this instance, the state must prove, by a preponderance of the evidence (more likely than not), that the defendant was convicted of a racing offense or s/he was present and knowingly consented to the use of the vehicle.

Frequently, to resolve forfeiture matters, a Leesburg criminal defense lawyer challenges the sufficiency of the evidence or negotiates a buy-back.

Count on a Dedicated Loudoun County Lawyer

There’s a big difference between an arrest and a conviction in criminal law. For a confidential consultation with an experienced criminal defense attorney in Leesburg, contact Simms Showers, LLP, Attorneys at Law. Convenient payment plans are available.