Unlawful Racing of Motor Vehicles

Published for NC Criminal Law on September 28, 2016.

When I think of unlawful racing, scenes from old movies come to mind. I see guys (more specifically, James Dean and John Travolta) in white t-shirts and leather jackets behind the wheels of vintage Fords and Mercurys. Unfortunately, however, unlawful racing has not been relegated to the past. There were nearly 500 charges for unlawful speed competition in North Carolina last year, a misdemeanor offense that can result in the revocation of a person’s driver’s license as well as the seizure of the motor vehicle driven—not to mention serious injury or death. North Carolina law prohibits two types of racing: prearranged speed competitions and willful speed competitions. Prearranged speed competitions Not surprisingly, the driver in a prearranged race may be criminally prosecuted. G.S. 20-141.3(a) provides that a person who operates a motor vehicle on a street or highway willfully in a pre-arranged speed competition with another motor vehicle is guilty of a Class 1 misdemeanor. The owner of the motor vehicle driven also may be prosecuted. G.S. 20-141.3(c) provides that a person who authorizes or knowingly permits a motor vehicle he or she owns or controls to be operated on a street or highway in prearranged speed competition with another motor vehicle commits a Class 1 misdemeanor. Those who bet on prearranged racing may be prosecuted. Finally, G.S. 20-141.3(c) states that a person who places or receives any bet, wager, or other thing of value from the outcome of a prearranged speed competition on a street or highway commits a Class [...]