Street Car
Street racing is illegal, and the police are setting up traps to catch people. One man said that he was going to “build the fastest Hellcat.” A crackdown on street racing led to multiple arrests on I-70 in Indianapolis. Law enforcement has arrested several individuals and impounded multiple vehicles. These arrests usually occurred in the early morning hours.
Illegal street racing occurs when two or more cars engage in a race on public roads in areas that are not designated for an official car race. Also known as “speed contests”, “drag racing”, or “speed races”, street races can be particularly dangerous due to the high speeds involved, which can often take place in residential areas or other similar areas. This increases the risk of a crash that causes injury to bystanders, pedestrians, other drivers, as well as property damage.
In many cases, illegal street racing also involves the use of vehicles that have been illegally modified to increase speed and acceleration. This also increases the risk of a crash occurring. Many “street racers” do not have experience or training handling cars at high speeds, and many street racing crashes are the result of the driver losing control of their vehicle.
Also known as street racing, the charge of illegal racing on a highway is governed by Indiana Code 9-21-6-1. The statute defines a speed contest as:
Under Indiana law, “[a] person may not engage in a motor vehicle speed contest on a highway or street.” This statute also instructs that “[a] person may not obstruct or place a barricade or an obstacle across a highway or street: (1) to facilitate or aid; or (2) as an incident to; a motor vehicle speed contest.”
If a driver violates these two sections of state code, he commits a Class B misdemeanor. A Class A misdemeanor may be charged if the offense occurs in the immediate vicinity of a highway work zone, and a Class 6 felony may be charged if a highway worker is injured as a result. A Class 5 felony could be charged if the driver causes the death of a worker.
The statute is open-ended to outlaw any type of activity involving vehicles competing at high speeds on a city street. These charges are fairly subjective, given that it is a crime of intent. In fact, without an admission from a driver that they were racing, it can be difficult for a prosecutor to prove anything more than a speeding violation or reckless driving in some cases.
It is crucial to discuss your case with a seasoned defense attorney before ever speaking to law enforcement. In most cases, your attorney will advise against discussing your case at all.
As mentioned above, the penalties for street racing conviction can be a low-level misdemeanor to serious felony depending on the circumstances. Most first-time offenders face a Class B misdemeanor, which carries up to 180 days in jail and a maximum fine of $1,000. However, subsequent offenses can eventually result in a felony charge.
The penalties for street racing become severe when they result in a crash. You could face felonies charges. In cases where a street-racing crash leads to severe injury or death, then you could be charged with a felony and face a $10,000 fine.
Because of the high stakes of a street racing conviction, you should never face prosecutors on your own. Contact the Law Office of Mark Nicholson to discuss your options with an Indiana Criminal Defense Attorney.
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