Is Street Racing Illegal In Texas?

Street Racing is Illegal in Texas

If you’ve wondered, “is street racing illegal in Texas,” here’s your answer: Street racing is illegal in Texas, but what charges drivers face depends on the facts and circumstances. Street racing can be charged as “racing on a highway” or “reckless driving.” If someone is injured or dies during a street race, more serious charges can be filed. In this article, we will discuss why and how street racing is illegal in Texas.

Street Racing in Texas: Law Enforcement Attention

Fort Worth is home to the Texas Motor Speedway, one of the premier NASCAR racing destinations in the country. While the city has a love for loud and fast cars, there has also been a phenomenon of dangerous and illegal street racing activity. Street racing in Texas has skyrocketed in popularity in recent years, which has resulted in deaths, serious injuries, and countless arrests and vehicle impounds. As a result,  street racing and stunting has become a focus for law enforcement, who are now also cracking down on street racing spectators.

Street Racing Prosecutions in Texas

Racing On A Highway

Racing on a highway is made illegal under Texas Transportation Code 545.420. In this section, a street race is defined as the use of one or more vehicles in an attempt to:

• Outgain or outdistance another vehicle or prevent another vehicle from passing;
• Arrive at a given destination ahead of another vehicle or vehicles; or
• Test the physical stamina or endurance of an operator over a long-distance driving route.

The law also covers drag racing or acceleration contests, as well as any vehicle speed competition or contest. If someone is found guilty of street racing for the first time, they could face a Class B misdemeanor which is punishable by up to 180 days in jail and $2,000 in fines.

Penalties increase for those previously convicted of street racing or if an injury occurs. Street racers face a Class A misdemeanor if they have previously been convicted once of street racing, or if they were intoxicated or had any open containers during the time of racing.

A Class A misdemeanor in Texas is punishable by up to a year in jail and $4,000 in fines. If an alleged offender has been convicted twice of street racing, they can face a State Jail Felony, which is punishable by 180 days to two years in a state jail facility and a maximum $10,000 fine.

Any street racing incident can be upgraded to a felony if an injury occurred. If any individual suffers a bodily injury as a result of the street racing, offenders face a Third-Degree Felony, which is punishable from 2 to 10 years in prison and up to a $10,000 fine. If an individual suffers serious bodily injury or death, the offense can be upgraded to a Second-Degree Felony,  punishable by 2 to 20 years in prison and up to a $10,000 fine.

Along with jail time and fines, street racers also face the possibility of a suspended driver’s license for one year. In order to regain a license, they must complete 10 hours of community service as required by the Texas Transportation Code. Those caught driving with a suspended license will have a one-year suspension placed at the date they were caught and jeopardize the possibility of having their license reinstated early.

In previous years, vehicles could be seized from alleged street racers only if property damage or personal injury occurred during the crime. New legislation, House Bill 2899, amends the Texas Transportation Code to make the requirement for a peace officer to have a motor vehicle used in the commission of the offense of racing on a highway impounded without regard to whether the offense resulted in an accident with property damage or personal injury. The amendment is effective September 1, 2023, and is an effort to further dissuade illegal street racing and street takeovers.

Reckless Driving

Reckless driving is another charge that can be applied to street racers. Under the Texas Transportation Code, a person is guilty of reckless driving if they drive a vehicle in willful or wanton disregard for the safety of persons or property. In simpler terms, any driving activity that creates a deliberate or conscious indifference to the safety of others is considered reckless driving. Reckless driving is a misdemeanor, punishable by up to 30 days in jail and $200 in fines.

Reckless Driving Exhibition

In an effort to cut down on dangerous reckless driving exhibitions and street racing,  lawmakers added the definition of “reckless driving exhibition” to the Penal Code in 2021 and increased the penalties for people who participate in reckless driving events. Obstructing a highway or passageway by participating in a reckless driving exhibition is a Class A misdemeanor, punishable by up to a year in jail and a maximum $4000 fine.  The penalty is increased to a state jail felony if the driver has previously been convicted of this offense; operates a vehicle while intoxicated; or causes someone to suffer bodily injury. The law also creates the Class B misdemeanor offense of interference with a peace officer investigation of a highway racing or reckless driving exhibition.

Obstructing A Highway Or Passageway

In 2021, Senate Bill 1495 was passed, which enhanced the penalty for obstructing a highway or passageway from a Class B misdemeanor to a Class A misdemeanor for an individual who engages in a reckless driving exhibition. The bill enhances the penalty to a state jail felony for a person who has previously been convicted of this offense, a person who operates a vehicle while intoxicated, or who causes someone to suffer bodily injury. The bill also created the Class B misdemeanor offense of interference with a peace officer investigation of a highway racing or reckless driving exhibition. A Class A misdemeanor is punishable by up to a year in jail and a maximum $4,000 fine.

Manslaughter

Manslaughter is another, extremely serious crime that can be charged if the driver recklessly causes the death of another individual. A manslaughter charge is a second-degree felony, punishable by 2 to 20 years in prison and up to a $10,000 fine. In order to be guilty of manslaughter, prosecutors must show that the alleged offender was aware of the risks that could occur but consciously disregarded them.

How Common is Street Racing in North Texas?

Street Racing is a relatively common occurrence in Texas and has been growing in popularity recently with its growing social media presence and spectator participation. While it is hard to separate street racing deaths and injuries from other incidents, Dallas police reported over 14,000 citations for street racing in 2020 and an additional 612 citations for spectators of street racing. They also report having made 1,196 arrests and 659 impounds. This is more than double the previous year, suggesting the pandemic has increased the amount of street racing in Texas. Street racing is also a common occurrence in Fort Worth, prompting 1,800 Fort Worth residents to sign a petition in November of 2020 advocating for police to address the problem. Residents note that the Summer Creek area in southwest Fort Worth is a particular problem area for street racing.

Can you get in Trouble for Watching Street Racing?

Yes, in certain cities – including Fort Worth. In April 2021, Fort Worth passed a new city ordinance making it illegal to watch a street race. According to the ordinance, any person present as a spectator at a street race or reckless driving exhibition can face up to $500 in fines. This new law was passed in an effort to curb the amount of street racing in Fort Worth, as spectators are a large draw for street racers and stunting.

How are Officials Cracking Down on Street Racing?

In Fort Worth and North Texas, numerous measures have taken place to crack down on street racing. One of the most effective has been the deployment of unmarked police cars, which have been able to infiltrate and stop street racing events. Further, cameras have been installed in areas notorious for street racing in order to identify suspects and deter others from racing. Along with installing speed bumps and LIDAR detectors,  Fort Worth police have also set up areas for marked police cars to station in order to deter street racing events.

In Dallas, police are suggesting an alteration to the actual road system known as “Operation Road Diet.” Under this plan, police suggest that restricting street lanes and opening them up only to pedestrian walk lanes and bike lanes could curb dangerous driving. In DeSoto, police have been using aerial drones to identify street racing suspects and deter others from participating. With the growing number of street racing, as well as the outcry from city residents, many North Texas cities have also been implementing laws that crack down on racing events, such as Fort Worth’s spectator law.

Arrested for Street Racing or Stunting? Contact Us.

If you or a loved one has been charged with street racing or stunting, serious consequences can occur that require immediate action. The attorneys at Varghese Summersett have years of experience as both criminal prosecutors and defense attorneys, giving them expert knowledge of how Texas criminal courts operate. Along with hundreds of jury trials, the street racing attorneys at Varghese Summersett are known for relentless defense and favorable results. Call our street racing attorneys today to develop a legal plan of action.