Texas Street Racing

Attorney Eric Torberson

Racing on Highway is a crime defined in the Texas Transportation Code Chapter 545.420. It has the potential of serious punishment including jail time and fines. This means under specific circumstances a person could go to jail for 20 years and have a $10,000 fine for this offense.

What is Texas Street Racing?

A person participates in:

  • A race
  • A vehicle speed competition or contest
  • A drag race or acceleration contest
  • A test of physical endurance of the operator of a vehicle, or
  • In connection with a drag race, an exhibition of vehicle speed or acceleration or to make a vehicle speed record

What Happens if You Get Caught Street Racing?

A first offense is a Class B misdemeanor with up to 6 months in jail and up to a $2,000 fine. Probation up to 2 years is also a possibility.

It is a Class A misdemeanor with up to a year in jail and $4,000 fine if:

  • Previously convicted 1 time of the same offense, or
  • At the time of the offense was operating the vehicle while intoxicated as defined in Texas Penal Code Ch. 49.01, or
  • At the time of the offense was in possession of an open container as defined by Texas Penal Code Ch. 49.031

It is a state jail felony with a range from 180 days to 2 years in jail and up to a $10,000 fine or up to 5 years probation if:

  • Previously convicted 2 times of the same offense

Its is a 3rd degree felony with punishment from 2 to 10 years and up to a $10,000 fine or up to 10 years probation if:

  • An individual suffered bodily injury

It is a 2d degree felony punishable from 2 to 20 years and up to a $10,000 fine or up to 10 years probation if:

  • An individual suffered serious bodily injury

See Texas Punishment page for more information.

Racing on Highway What Happens to my License?

When a driver is conviction of Racing on Highway in Texas, the Texas Transportation Code Chapter 521.350 determines that a driver’s license will be suspended for 1 year.

The person is eligible to receive an occupational license. If a person younger than 18 receives an occupation license, it is only authorized to be used for driving to school and home.

A person shall perform 10 hours of community service, which is required by the Texas Transportation Code. This is in addition to community service that is ordered under the court’s community supervision sentence. If the person is a resident of Texas without a license, the person will not be permitted to obtain a Texas driver’s license until the 10 hours of community service is completed.

A driver can complete the 10 hours of community service before the suspension period is up and apply for an early license reinstatement with the department.

What Happens if I Get Caught Driving During Suspension Period?

A person convicted of Driving While License Invalid under Ch 521.457 of the Texas Transportation Code, for driving during a license suspension for Racing on Highway, will have a 1 year license suspension from the conviction date of the DWLI. This is in addition to penalties related to the DWLI punishment. The department will not allow the driver to reinstate the driver’s license early.

What is the Drag Racing?

The Transportation Code 545.420 defines Drag Racing as:

A) two or more vehicles from a point side by side at accelerating speeds in a competitive attempt to outdistance each other; or

(B) one or more vehicles over a common selected course, from the same place to the same place, for the purpose of comparing the relative speeds or power of acceleration of the vehicle or vehicles in a specified distance or time.

What is Racing?

Race is defined the use of 1 or more vehicles in an attempt to:

(A) outgain or outdistance another vehicle or prevent another vehicle from passing;

(B) arrive at a given destination ahead of another vehicle or vehicles; or

(C) test the physical stamina or endurance of an operator over a long-distance driving route.

Can My Car Be Seized?

Yes. If there is an accident with property damage or personal injury, a peace officer shall require the vehicle taken to the nearest licensed vehicle storage facility. That is unless it is seized as evidence, in which case it can be taken to the officer’s designated storage facility. The driver is liable for all removal and storage facility fees to the facility before retrieving the vehicle.

Why Should I Hire Attorney Eric Torberson?

This criminal offense has serious consequences and to the prosecutors, presents a real danger to society. It is important to get an attorney who really cares about their clients. I handle every one of my cases with care and importance. It is extremely important to avoid a conviction for Racing on Highway. Call me or visit my website as soon as possible so I can get started. http://erictorberson.com

Author: Eric Torberson

Eric Torberson is a licensed attorney in Texas as well as licensed in the federal courts of the southern and western districts of Texas.