Racing on highways in Arizona is charged under A.R.S. 28-708, including subsection A for racing, drag racing, or accelerating for speed, and subsection B for aiding or abetting. The statute, A.R.S. 28-708, is usually a class 1 misdemeanor, punishable by up to 6 months in jail and up to $2,500 in fines, with no mandatory minimum jail term. MVD penalties, including license consequences, can follow, especially if DUI charges are added. There is no BAC threshold for racing, but alcohol can trigger separate DUI counts. A second offense can mean harsher court and licensing consequences. If you were cited or arrested, contact a Phoenix DUI lawyer immediately.
What are racing on highways charges in Arizona?
Racing on highways charges in Arizona are allegations that a driver raced, drag raced, or competed in a speed contest on a public highway, or otherwise participated in speed competition under A.R.S. 28-708. The statute targets more than a formal start line, it can cover informal street racing, timed acceleration contests, and conduct tied to an exhibition of speed.
Arizona prosecutors often use the charge when officers believe two or more vehicles were competing, or one driver was helping a race by positioning a vehicle, blocking traffic, or acting as a starter. If the facts also suggest reckless driving, endangerment, DUI, or other offenses, those charges can be added. If you were stopped in the Valley, a Phoenix criminal defense lawyer can review the stop and the evidence.
What does ARS 28-708 prohibit, and what are the penalties?
A.R.S. 28-708 prohibits driving in a race, drag race, or speed contest on a highway, and it also prohibits aiding, abetting, or assisting that conduct. The statute does not use a BAC threshold, and it is separate from DUI laws, although alcohol or drugs can create additional charges if officers believe impairment was involved.
A violation of A.R.S. 28-708 is generally a class 1 misdemeanor, which in Arizona can carry up to 6 months in jail and up to a $2,500 fine, plus possible assessments and license consequences. Arizona courts and MVD may also treat the case as a serious traffic matter, especially if there was speed, danger, or a prior history under the traffic code.
What defenses apply to a racing charge?
Common defenses to a racing charge include lack of proof that a race occurred, mistaken identification, and evidence that the vehicles were not competing under A.R.S. 28-708. The state must prove the driver actually engaged in racing or speed contest conduct, not just that the vehicle accelerated hard or was near other cars.
Other defenses can involve unlawful stops, weak officer observations, missing video, and disputes over whether the roadway was a public highway as the statute requires. Sometimes the best defense is narrowing the facts so the case cannot support a racing theory. In some situations, related charges like assault or weapons issues may distract from the traffic case, so a lawyer must review the full file.
How do traffic cases play out in local Arizona courts?
Traffic cases for racing on highways usually begin in municipal or justice court, where the prosecutor, judge, and scheduling rules can vary by city and county. In Maricopa County, a racing case may be handled near the place of arrest, including courts serving Phoenix, Mesa, Chandler, or Gilbert, and the local process often starts with an arraignment or pretrial conference.
Oliverson Law has offices in Tempe, Gilbert, Phoenix, and Kingman, and represents clients in the courts near each. If your case is in the East Valley, a Mesa DUI lawyer, Chandler DUI lawyer, or Gilbert DUI lawyer may be the right local starting point, depending on where the citation was issued and which court has jurisdiction.
When should you call a criminal defense lawyer?
You should call a criminal defense lawyer as soon as you are stopped, cited, or arrested for racing on highways in Arizona, because early decisions can affect the stop, the evidence, and your license. Oliverson Law handles racing on highways Arizona cases as part of broader defense work, and that can matter when prosecutors stack charges or try to use officer testimony to push a plea.
The firm also handles Arizona DUI lawyer cases, Arizona drug crimes attorney matters, and Arizona assault lawyer cases. If your arrest involved alcohol, suspected drugs, or a confrontation on the road, a lawyer can evaluate suppression issues, plea options, and whether the state can actually prove the offense.
What are the key Arizona statutes and agencies?
The key statute is A.R.S. 28-708, which defines and punishes racing on highways in Arizona. You can read it here: A.R.S. 28-708. Depending on the facts, related Arizona statutes can also involve reckless driving, DUI, or other criminal traffic laws, so the full charging document matters.
The most important agencies for a racing case are the Arizona MVD and the Arizona Courts. MVD handles licensing issues, while the court handles the criminal case. If the facts suggest violence, drugs, or weapons, the case may also overlap with other defense areas, including Arizona weapons charges lawyer matters and Arizona criminal defense lawyer representation.
Frequently Asked Questions
A racing on highways charge under A.R.S. 28-708 is generally a class 1 misdemeanor. That means it can carry up to 6 months in jail and up to a $2,500 fine, plus court assessments and possible license consequences. If someone is injured or killed, prosecutors may add more serious charges.
Yes, if police claim the acceleration was part of a race, drag race, or speed contest. But hard acceleration by itself is not always enough. The state still has to prove competition or assisting racing under A.R.S. 28-708, and video, witnesses, and officer observations matter a lot.
No. Racing on highways is a separate offense from DUI, and there is no BAC threshold in A.R.S. 28-708. However, if officers believe alcohol or drugs affected your driving, they can investigate and file DUI or drug-related charges too.
A license impact is possible, especially if the court conviction is reported to MVD or if other traffic violations are involved. The exact consequence depends on the court outcome, your driving record, and any related DUI or reckless driving allegations. MVD should be checked right away.
Yes. Early representation can help challenge the stop, preserve video, and negotiate before the case hardens. Racing charges can affect your job, insurance, and license, so getting a defense lawyer involved before the first hearing is often the safest move.
If you were cited or arrested for racing on highways in Arizona, do not wait for the first court date. Call Oliverson Law now so the defense team can protect your license, your record, and your next move.
