In North Carolina, racing on a public road goes beyond speeding and becomes a separate criminal charge. The severity of racing charges, and any subsequent conviction, depends on the facts and circumstances surrounding the action. There are two levels of racing in North Carolina, with different levels of severity and punishment.
Willful Racing – A police officer will cite you with this offense when he has reason to believe that the racing alleged was spontaneous.
In order for the state to prove willful racing, the state must prove beyond a reasonable doubt that the driver:
- Operated a motor vehicle
- On a street or highway
- Willfully
- In speed competition with another motor vehicle
Willful racing in North Carolina is a Class 2 misdemeanor under G.S. 20-141.3(b)
Prearranged Racing – Prearranged racing is more serious, and can have more severe consequences. AS the title suggests, police will cite you with this offense when there is reason to believe that the racing alleged was preplanned or predetermined.
In order for the state to prove willful racing, it must prove beyond a reasonable doubt that the driver:
- Operated a motor vehicle
- On a street or highway
- Willfully
- In a prearranged speed competition with another motor vehicle
Prearranged racing In North Carolina is a Class 1 misdemeanor under G.S. 20-141.3(a)
It is erroneous to assume that this could be treated like a traffic ticket.
Racing is a criminal charge. As such, the same standard of beyond a reasonable doubt applies. Accordingly, your attorney has options to defend you. Racing follows the North Carolina misdemeanor sentencing guidelines, but has other consequences as well. A conviction of racing will lead to an automatic license suspension, points on your license and points on your insurance.
Contact a North Carolina Criminal Defense lawyer or a North Carolina Traffic Lawyer if you are charged with racing.