Have You Been Charged with Racing in Georgia?
Racing is a serious offense in Georgia and carries significant penalties. While most traffic violations are just a fine, a racing conviction often leads to a person losing their license, probation, and possibly jail time. Furthermore, a history of racing on your driving record can lead to a person being ineligible for limited driving permits. If you have been charged with racing in Georgia, you need the help from an experienced Georgia Racing Attorney. We guarantee you will receive top representation!
What is Considered Racing in Georgia?
According to O.C.G.A. §40-6-186, racing is defined as the use of one or more vehicles in an attempt to outgain, outdistance, or prevent another vehicle from passing, to arrive at a given destination ahead of another vehicle or vehicles, or to test the physical stamina or endurance of drivers over long-distance driving routes.
"Drag racing" means the operation of two or more vehicles from a point side by side at accelerated speeds in a competitive attempt to outdistance each other or the operation of one or more vehicles over a common selected course from the same point to the same point for the purpose of comparing the relative speeds or power of acceleration of such vehicle or vehicles within a certain distance or time limit.
Georgia law prohibits any vehicle on a highway of this state from participating in any race, speed competition or contest, drag race or acceleration contest, test of physical endurance, exhibition of speed or acceleration, or for the purpose of making a speed record.
The Penalty for Racing in Georgia
A person convicted of drag racing or racing will be guilty of a misdemeanor. This means it will usually include a fine of up to $1,000, or jail up to one year. However, a license suspension is a customary penalty for a racing conviction. Additionally, racing carries 3 points on your license but an accumulation of 15 points in 24 months will result in a license suspension. If the driver was under 21, then their license will be suspended for 6 months.
Other penalties can include community service and probation. If the racing resulted in anyone being injured whether it was a passenger, bystander, or pedestrian the driver, could face civil actions from injured parties as well.
Judges take racing very seriously and often heavily penalize the drivers. That is why it is in your best interest to hire a racing attorney in Georgia today!
Street Racing in Georgia
Georgia lawmakers have begun cracking down on street racing and have created task forces dedicated to combatting the rise of street racing not just in Atlanta, but throughout Georgia. Drag racing, street racing, and reckless stunt driving all come with serious consequences that should not be taken lightly. In addition to street racing in Georgia, you could be in trouble for promoting illegal street racing events. For more information on promoting street racing in Georgia, please visit our page here.
Even though street racing is charged as a misdemeanor, it can still have serious repercussions. A first time racing conviction can lead to a 12 month license suspension.
Another charged frequently associated with racing is reckless stunt driving. Reckless stunt driving occurs when a person participates in drag racing or laying drag in reckless disregard for the safety of others on a highway or private property if they do not have express authorization from the owner of the property. Many people charged with street racing in Georgia often find themselves convicted of reckless stunt driving, which carries harsh penalties.
Anyone convicted of reckless stunt driving or street racing in Georgia under O.C.G.A. §40-6-390.1 will be charged with a misdemeanor of a high and aggravated nature and face graduated penalties within a ten year period:
- First Conviction: a fine of $300-$750 and 10 days to 6 months in jail
- Second Conviction: a fine of $600 to $1,000 and 90 days to one year in jail
- Third Conviction: a fine of $1,000 to $5,000 and 120 days to one year in jail. A third conviction will also be considered a habitual violator and will come with a 5 year license revocation. If you have your license revoked, you may be able to apply for a probationary license after 2 years. These are called “hardship” licenses and it is imperative that you speak with a Georgia Street Racing Attorney when requesting a hardship license. We can help guide you through the process and give you options.
For a fourth conviction within 10 years, the driver will be charged with a felony punishable by a a fine of $1,000 to $5,000 and one to five years in jail. Furthermore, they will be considered a habitual violator and will have their license revoked.
One thing we frequently hear is that people should just plead nolo when charged with street racing. Unfortunately, a nolo plea is treated as a conviction so we encourage you to speak with one of our Street Racing Lawyers in Georgia before using a nolo plea.
If you have been charged with street racing, you need to contact one of our Georgia Street Racing Lawyers immediately. Georgia courts are taking to make an example of people charged with racing and it is in your best interest to hire an experienced attorney. Street racing can also be a predicate offense for a DUI charge. If you have been charged with street racing, reckless stunt driving, or DUI, contact our experienced Georgia Street Racing Attorneys today. There are numerous defenses at your disposal and we will use our decades of experience to create gaps in the prosecutions case and save your license. Call us today.
How Lawson and Berry Can Help
The law is continually changing, and our Georgia Racing Attorneys dedicate themselves to providing you the most up to date information. We keep up with all the most recent changes in the law and use this knowledge to fight against racing charges. We also understand how difficult life can be when your license is suspended! That is why we work diligently to get the penalties reduced in your case.
Contact an Experienced Traffic Lawyer in Georgia
Many people make the mistake of thinking they have no defenses available to them if they have been charged with racing in Georgia. They forget a racing charge is not the same as a racing conviction! Even if an individual was engaged in racing, there are always defenses that they can raise in court. Furthermore, there are many creative ways we can reach an agreement with the prosecutor to avoid jail time or a license suspension. However, the more time you can give us, the better it is for your case! Call now and schedule a free case evaluation.
