Facing a racing on highways charge in Colorado is a serious offense that can have significant legal and personal consequences. Drivers are expected to obey all traffic laws, and that includes laws related to speeding, or driving responsibly. Often referred to as exhibition acceleration, drag racing, or engaging in a speed contests, racing charges often have to do with speed, but can include other elements as well. If you have been charged with your first offense for racing on a highway, you might be unsure about what to expect or how to proceed. It’s best to speak with a criminal defense attorney near you who handles traffic offenses, including racing charges. They will be able to advise you on the best course of action to protect your rights and driver’s license.
What Is Considered Racing on Highways in Colorado?
Under Colorado law, racing on highways involves any sort of driving where parties are engaged in speed contests or competitive driving on public roads. This can include activities such as:
- Two or more vehicles competing to outpace each other.
- Sudden acceleration contests.
- Reckless maneuvers meant to simulate a race.
Although drivers might view this as harmless fun, or an exciting challenge, law enforcement takes these actions seriously due to the potential danger they pose to other drivers, pedestrians, and public property. Racing on highway charges are Class 1 Traffic Misdemeanor Offenses according to CRS § 42-4-1105 and can result in serious penalties for individuals found guilty of this charge.
Penalties for a First-Time Racing on Highways Charge
If you have been charged with racing on highways for the first time, there are a number of different penalties you could face. The circumstances of the situation will be scrutinized when determining the penalties. If convicted, you could face:
- Criminal Charges: Racing on highways is typically charged as a Class 1 misdemeanor traffic offense in Colorado, which is an offense where a court appearance is required.
- Fines: Depending on the circumstances, you could be ordered to pay fines ranging from $300 to $1,000.
- Jail Time: For serious cases with aggravating factors such as injuries, even a first offense can result in up to one year in county jail.
- License Suspension: The Colorado Department of Revenue may suspend your driver’s license for up to one year.
- Points on Your Driving Record: Racing adds significant points to your record, typically 12 points, which could result in additional penalties or increased insurance premiums.
These penalties can be compounded if your actions caused an accident, injury, or property damage, and often also include restitution, community service, and probation.
Defenses Against a Racing on Highways Charge
If you have been charged with drag racing, or racing on a highway in Colorado, you want a skilled criminal defense attorney on your side who can assess your case and explore potential defenses. Common defenses might include:
- Lack of Evidence: The prosecution must prove beyond a reasonable doubt that you were actively participating in a race.
- Misidentification: Law enforcement may have mistakenly identified your vehicle as involved in racing.
- Challenging Procedural Errors: If the officers involved failed to follow proper protocol, your case could be dismissed.
An attorney can review the specifics of your case to determine the best strategy to reduce or dismiss the charges. Facing a racing on highways charge without legal representation can leave you vulnerable to the full extent of the law. An experienced criminal defense attorney will represent you in court and advocate for your rights, doing all they can to reduce the charges or penalties you face.
Speak With A Traffic Lawyer Right Away
If you’ve been charged with racing on highways in Colorado, don’t wait to seek legal advice. Even a first offense is still a serious matter that can have a lasting impact on your future and ability to drive. Taking immediate action can make a significant difference in your case. Contact a traffic lawyer near you today to schedule a consultation and learn how the right legal counsel can help you protect your driver’s license.