Tennessee’s New Drag Racing Law
Anyone convicted of drag racing in Tennessee will face a harsher penalty, effective July 1, 2024. Prior to July 1, 2024, a drag racing conviction was a Class A misdemeanor. Tennessee recently increased the penalty to a Class E felony.
According to News Channel 9, a Class E felony can result in up to six years in prison and a fine of up to $3,000. A reckless driving conviction is still a misdemeanor. The state hopes that the increased penalty will deter drag racing on Tennessee’s roads. Tennessee ranks among the top ten in the nation for drag racing as of 2021.
LocalMemphis.com quoted a state representative: “Social media played a role in expediting the issue. Groups continued to chase views and notoriety, which often led to ‘pits’ forming in the streets, disrupting business and putting people’s public safety at risk.”
What is drag racing?
Tennessee defines drag racing as
- The use of any motor vehicle for the purpose of determining a vehicle’s maximum speed – or the maximum speed with a specific time limit or distance.
- The use of one or more motor vehicles for the purpose of comparing the speeds of multiple vehicles (or comparing them within a specific time or distance) – or to arrive at a destination at the same time or faster than another vehicle.
- “The use of any motor vehicle for the purpose of the accepting of, or the carrying out of any challenge, made orally, in writing, or otherwise, made or received with reference to the performance abilities of one (1) or more motor vehicles.”
A “participant” is essentially anyone who operates any vehicle for the above purposes or anyone who arranges or supervises the drag race – whether they’re an operator, passenger, or outside the drag racing vehicles.
Public highway is defined as:
“All of the streets, roads, highways, expressways, bridges and viaducts, including any and all adjacent rights-of-way, that are owned, constructed, and/or maintained by the state, and/or any municipality or political subdivision of the state, and any and all highways, roads, streets, etc., that have been dedicated to the public use.”
What are the penalties for drag racing in Tennessee?
Effective July 1, 2024, Tennessee defines drag racing as:
“Any person or persons who operate a motor vehicle or motor vehicles upon the public highways of this state, or while on the premises of any shopping center, trailer park, any apartment house complex, or any other premises generally frequented by the public at large, or who is a participant therein, for the purpose of drag racing.”
The lone exception is for locations properly licensed for drag racing.
If a participant, bystander, or another person suffers serious bodily injury, the offense will be upgraded to a vehicular assault offense, a class D felony. Any vehicle involved in drag racing or an attempt to flee after the drag racing occurs is subject to asset seizure and forfeiture.
What happens to the license of a driver who is convicted of drag racing
If you’re convicted of drag racing in Annapolis or any other part of Tennessee, your driver’s license may be affected as follows:
- Your driving privileges will be revoked for one year
- The trial judge has the discretion to permit you to use a “restricted” motor vehicle operator’s license for a first-time drag-racing offense on the same basis as can be ordered for anyone convicted of driving under the influence. A restricted license restricts where you can drive – to work, school, and medical appointments included.
- The motor vehicle department will permanently revoke your driver’s license if you have two drag racing convictions within a 10-year period – which means you will not be able to drive on any Tennessee public highway.
How does drag racing differ from reckless driving?
Reckless driving occurs when anyone drives a vehicle “in willful or wanton disregard for the safety of persons or property commits reckless driving.” In general, reckless driving goes beyond less serious traffic violations, and may include distracted driving, weaving in and out of traffic, or traveling at a particularly high rate of speed. The statute generally does not apply to emergency vehicles.
In Tennessee, reckless driving is still a Class B misdemeanor, while drag racing is now a Class E felony. This means imprisonment, higher fines, and longer driver’s license suspensions/revocations are likely with a drag racing conviction than a reckless driving conviction.
Are there defenses to a drag charging charge?
There are limited circumstances where drag racing may be legal, such as for scheduled events or races at a licensed facility. Outside of those cases, some defenses may include:
- Arguing that you weren’t a participant
- Showing that your Constitutional rights were violated
- Asserting that the events didn’t meet the legal definition of a drag racing. For example, just passing another car isn’t drag racing. Two cars jockeying for position is not racing.
- Contesting the credibility of any witnesses.
- Asserting that the government doesn’t have enough evidence to prove its case beyond a reasonable doubt.
Depending on the facts in your case, our Franklin County drag racing lawyer may try several legal strategies to help you, including negotiating a plea bargain to reduce charges.
The Law Offices of Adrian H. Altshuler & Associates has been fighting for those accused of crimes for decades. Our respected Franklin County criminal defense lawyer has helped countless individuals obtain dismissals, acquittals, and plea bargains after criminal charges. Often, the prosecution’s drag-racing case is not as strong as it seems. To schedule a consultation, call us today or complete our online form.