North Carolina has two classifications of racing offenses on a public street or highway (statutorily dubbed a speed competition). Regardless of the specific offense you are charged with the penalties are serious and being caught can become very expensive for the driver. The penalties include seizure of the vehicle, years of license suspensions as well as significant insurance costs. It is highly recommended that a person cited for racing should immediately seek legal counsel.
The first classification for racing is called prearranged racing. Prearranged racing requires some level of planning or forethought prior to the actual racing. The NC statute does not specify the level of planning that makes a race “prearranged,” however street racing that goes on at a set location certainly qualifies. NC traffic law deems prearranged racing a Class 1 Misdemeanor which can involve jail time. Jail time is rare for a first time offense.
There are significant financial penalties regardless of the number of times one has been previously charged. The most glaring of the financial penalties is the car that was used for the racing will be seized. Once a person is convicted of prearranged racing his car is sold at auction and the proceeds go to the local NC county school board.
Additionally, if convicted, the racer has his North Carolina driving privilege revoked for three years by the North Carolina DMV. Racing caries with it twelve insurance points, which translates into a three hundred forty percent (340%) surcharge on an insurance policy. This is the same surcharge that applies to DWI in North Carolina or manslaughter resulting from driving.
Even if you were not caught driving the vehicle but you loaned your vehicle out to be used in said competition (just betting on such a competition is illegal), you can be convicted of the same offense as a racer for such conduct. If you lend your vehicle knowingly to someone who will use it to race, the car will be seized even though the owner was not driving it.
The second classification of racing is termed willful racing. Willful racing is defined as spontaneous racing of two or more drivers. This is typically seen when a driver is charged for racing out of a stop light or on an interstate.
NC law classifies willful racing as a Class 2 Misdemeanor. It carries a less severe penalty of up to one year of license suspension. The major difference is that the person’s car is not seized upon a conviction for willful racing. The insurance increase is also less severe compared to prearranged racing, at ten insurance points. However, ten insurance points is a two hundred sixty percent (260% ) surcharge on your insurance.
