Street Racing: Going Nowhere Fast
Recently in the news, there have been numerous reports of street takeovers around the Triad. Groups of spectators will gather, block off a street or parking lot, and there will be amateur street racing and car stunts. These are often promoted in private groups online, and the groups rarely show up at the same place multiple times in a row, so the spectacles are very difficult to stop. Unfortunately, proper safety precautions and the driver, riders, and spectators are often in danger of serious injury.
N.C. House Has Decided to Act
In a bipartisan show of support forNC Senate Bill 91, the NC House has voted to quash these inexperienced street racing exhibitions. Soon after Governor Cooper signed the bill into law. With that signature, it became illegal to not only participate in street takeovers but also to promote these activities in person or on social media. While presence at an event alone is not enough to constitute a crime, “an intentional act” must be shown by Law Enforcement in order to obtain a conviction. We will have to wait and see how the courts will interpret this statement. For a first offense, the penalty will be a Class A1 misdemeanor (the highest level of misdemeanor under North Carolina law) and a fine of no less than $1000, a second offense within 24 months will constitute a Class H Felony. Further, any vehicle involved in street takeovers will be subject to seizure in accordance with N.C.G.S. 20-141.3(g).
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What Happens to Street Racers Now?
Your driving privilege will be suspended if you’re caught racing on a public road. Whether the race was pre-arranged or just spur-of-the-moment, the DMV will take action to revoke your license. If the race was pre-planned, you can expect a suspension of 3 years. On the other hand, if the race was unplanned, your license will be suspended for 1 year. It’s important to note that the actual speed you were driving is not a factor. The act of participating in a street race is enough to result in the loss of your driving privilege.
There are two common street racing offenses in North Carolina. The two offenses that you can be charged with for illegal racing are “Prearranged Racing” and the slightly less serious “Spontaneous Racing.”
Prearranged Racing
“Prearranged Racing” is a Class 1 misdemeanor with possible penalties of a fine, probation, and, depending on your prior criminal record, jail time. In addition, your vehicle will be seized at your arrest and held for a future forfeiture hearing. If convicted, your driver’s license will be revoked for three years, and the vehicle sold. It may be possible (at the Court’s discretion) to get a Limited Driving Privilege after 18 months. In addition, you would incur 12 insurance points if you are convicted.
Spontaneous Racing
“Spontaneous Racing” is defined as speeding willfully in a speed competition with another vehicle even if it is spontaneous rather than prearranged. “Spontaneous Racing” or “Willful Racing” is a Class 2 misdemeanor, and the punishment includes possible driver’s license revocation for one year. However, this is also up to the court’s discretion, and you may be able to get a Limited Driving Privilege. “Spontaneous Racing” also carries 10 insurance points. But the vehicle is not subject to seizure or action.
Racing Isn’t the Only Way to Lose Your License
Other Types of Speeding Convictions
There are other laws about speeding that could cause the suspension of your license. One of these laws says that if you’re caught driving more than 75 mph in an area where the speed limit is less than 70 mph, your license can be taken away. For example, if you were driving 76 mph in an area where the speed limit is 65 mph, you could lose your license. NCGS §20-16(a)(10).
Will I Lose My Drivers License For Recklessly Speeding Over 20MPH?
Yes! Based on a ticket like this, you can lose your driving privilege. It’s important to know that there are many different ways that a speeding ticket can lead to a suspension of your license. A traffic lawyer can help you.
I Was Caught Going 61 mph In A 45 mph Zone
The law in North Carolina says that if you’re caught driving more than 15 mph over the speed limit, and you were going faster than 55 mph, your license will be taken away by the DMV. So, if you were caught driving 61 mph in an area where the speed limit is 45 mph, you will lose your license. If you’re caught driving faster than 80 mph, you will definitely lose your license. For example, if you were caught driving 81 mph in a 70 mph zone, your license would be taken away.
This Is My Second Time Being Caught Speeding
Speeding more than twice in a year, and you were going faster than 55 mph each time, could cost you your license. For example, if you were caught going 64 mph in a 55 mph zone in March, and then were caught going the same speed again 8 months later, you’re likely to lose your license. If you were cited for speeding once, and you were also caught driving recklessly or aggressively within a year, you could also lose your license.
McMinn, Fradin, Gray & Logan Helps Keep People Driving
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Reducing Consequences to Protect Your License
The first thing an experienced traffic lawyer will do is try to reduce your ticket. A reduced ticket is important because the DMV must follow the rules, and they can’t suspend your license if the rules don’t allow it. The lawyer might be able to make a deal so your ticket won’t cause a suspension. They might also be able to delay your conviction so it doesn’t happen within the 12-month period when the DMV checks for multiple convictions. You might have to pay fines, do community service, go to driving classes, or some combination of all of these things. However, getting your speed reduced, or accompanying charges dismissed, can save your driving privileges.
A limited driving privilege issued by a judge in North Carolina may require an ignition interlock. But where and when are you allowed to drive when you have a limited driving privilege? An attorney from our firm explains this driver’s license restriction.
Limited Driving Privilege
If your license is suspended, a lawyer can help you get limited driving privileges, if it’s allowed in your situation. Limited driving privileges refer to a restricted form of driving allowed by the State Department of Motor Vehicles (DMV) in certain circumstances. These privileges allow a driver to drive for specific purposes, such as driving to and from work, school, or medical appointments. The exact conditions and restrictions of limited driving privileges vary depending on the situation and the discretion of the judge, but they are typically granted as a way for individuals to maintain their ability to drive for essential purposes while also serving their license suspension.
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Contact Us
If you’ve received a citation for street racing, participating in a street takeover, driving at a high speed, or a careless and reckless give the traffic attorneys at McMinn, Fradin, Gray & Logan a call right away. We will work with you and the District Attorney to reduce the consequences of your ticket and try to protect your license. We know you must have your license to maintain your job, and home, and provide for your family. We strive to protect your license and lessen the impact of your mistakes so you stay on the road.
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