Virginia State Law on Street Racing

Reckless Driving – Street Racing

Va. Code Section 46.2-865 makes it reckless driving to race another vehicle in the Commonwealth of Virginia. This includes any race on a public highway, interstate, or road and on the premises of any public church, school, recreational or business property unless authorized by the business owner.

What constitutes “racing” is left for interpretation by the judges. Most races will involves at least 2 vehicles, and although high speeds are often associated with these charges, there is no requirement for the 2 vehicles to be going a certain speed before it becomes racing. So, theoretically, 2 people could be convicted of racing even if they are only going slightly above the speed limit. Like most cases, the biggest indicator for a race, are the statements made by the defendant to the police. Admitting that you were racing or trying to get in front of another car can be enough. Racing can be inferred by the court based on the facts of the case, such as the speed, driving maneuvers and even the make and model of the vehicles.

Due to their nature, these charges are tend to be punished severely by the judges, and often a conviction will lead to an active jail sentence.

This charge is a Class 1 Misdemeanor and can be punished by a jail sentence of up to 1 year and up to a $2,500 fine. The court is also required to suspend the defendant’s operator’s license for at least 6 months and suspend it for up to 2 years. The court will require the forfeiture of the defendant’s license and it will be disposed of permanently. The defendant will need to got to the DMV to receive another license at the end of the suspension period.

There are many defenses in these types of cases, and each is heavily reliant on the facts of each individual case. The attorneys at Welch & Wright have vast experience in these cases and have successfully fought and won these cases at trial.