Guardian Law Group · Arizona
Arizona Street Racing and Exhibition of Speed Lawyer
One race is a misdemeanor.
Two in 24 months is a felony.
Arizona’s racing law, A.R.S. § 28-708, reaches well beyond two cars lined up at a light. It covers speed contests, acceleration contests, and any “exhibition of speed or acceleration” on a street or highway. A first conviction is a class 1 misdemeanor with a minimum fine and a $1,000 assessment. A second within 24 months is a class 6 felony with mandatory jail.
Guardian Law Group defends racing and exhibition-of-speed charges across Arizona, with a focus on Maricopa, Yavapai, and Pinal counties. If the issue is a high speed with no race involved, see our criminal speeding page; Arizona’s “excessive speeds” statute is § 28-701.02.
If your car was impounded, ask about the post-storage hearing right away. The deadline is short.
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Quick answer
Racing on a street or highway in Arizona, including drag racing, speed contests, and exhibitions of speed or acceleration, is a class 1 misdemeanor under A.R.S. § 28-708: up to 6 months in jail, a fine of at least $250 plus surcharges, a $1,000 assessment, 8 MVD points, and a possible 90-day suspension. A second conviction within 24 months is a class 6 felony with at least 10 days in jail and a one-year suspension.
What Counts as Racing in Arizona?
A.R.S. § 28-708(A) prohibits driving a vehicle in, or participating in any manner in, any of these on a street or highway:
- a race, speed competition, or contest;
- a drag race or acceleration contest;
- a test of physical endurance;
- an exhibition of speed or acceleration; or
- an attempt to set a speed record.
The statute defines two of those terms (§ 28-708(J)). A drag race is two or more vehicles accelerating side by side from a point in a competitive attempt to outdistance each other, or one or more vehicles on a common course from the same point to compare speed or acceleration over a distance or time. Racing is using one or more vehicles to try to outgain or outdistance another vehicle, or to keep another vehicle from passing.
“Exhibition of speed or acceleration” is not defined. That phrase can be used against a single driver with no competitor, which is why the facts of the launch, the location, and who was watching matter.
Is Excessive Speed the Same as Racing?
No. Arizona’s “excessive speeds” statute is § 28-701.02, criminal speeding: more than 20 over the limit, or over 35 approaching a school crossing. It is a class 3 misdemeanor and depends only on speed. Racing under § 28-708 does not require any particular speed. It depends on a race, contest, or exhibition. A driver can be charged with both from the same event.
| Criminal speeding (§ 28-701.02) | Racing (§ 28-708) | |
|---|---|---|
| What it requires | A speed over the statutory threshold | A race, contest, or exhibition of speed or acceleration |
| Class | Class 3 misdemeanor | Class 1 misdemeanor; class 6 felony on a second within 24 months |
| Max jail | 30 days | 6 months (misdemeanor) |
| MVD points | 3 | 8 |
| Extra assessment | None | $1,000 |
What Are the Penalties for a First Racing Conviction?
- Jail: up to 6 months (A.R.S. § 13-707(A)(1)). If jail is imposed, the court can allow release for work or school for up to 12 hours a day, 5 days a week (§ 28-708(F)).
- Fine: at least $250 (§ 28-708(D)) and up to $2,500 (§ 13-802(A)), plus surcharges totaling 68% of the fine (§ 12-116.01; § 12-116.02).
- Racing assessment: an additional $1,000 on every racing fine, under a 2021 law that funds street racing enforcement (§ 12-116.11).
- Community restitution may be ordered.
- License: the judge may suspend your driving privilege for up to 90 days (§ 28-708(G)).
Counting the minimum fine, surcharges, and the assessment, a first racing conviction costs more than $1,400 before any court or impound fees.
Cited for racing or exhibition of speed? The cost adds up quickly. Get advice before your first court date. Available 24/7.
When Is Racing a Felony in Arizona?
A second or subsequent racing conviction within 24 months after a first conviction is a class 6 felony (A.R.S. § 28-708(B)). The statute also requires at least 10 days in jail or prison before any release, a fine of at least $500 (§ 28-708(E)), and a one-year MVD suspension (§ 28-708(G)).
For a first felony offender, Arizona’s class 6 sentencing range runs from 0.33 years (mitigated) to 2 years (aggravated), with a presumptive term of 1 year (A.R.S. § 13-702(D)). In some non-dangerous class 6 cases, a court may enter the conviction as a class 1 misdemeanor (§ 13-604). A felony case is heard in superior court, and a felony conviction carries consequences beyond driving, including firearm rights. Our felony charges page explains more.
A felony in which a motor vehicle is used is also on MVD’s list of convictions that require license revocation (A.R.S. § 28-3304(A)(2)). Ask how that applies before accepting any felony plea.
How Does a Racing Charge Affect Your License and Car?
Points: racing is 8 points (A.A.C. R17-4-404, Table 1), enough by itself for MVD to order traffic survival school or suspend your license (R17-4-404(B)).
Suspension: up to 90 days at the judge’s discretion on a first conviction; one year on a second within 24 months. After 45 consecutive days of a one-year suspension, a restricted license may be available (§ 28-708(I); § 28-144).
Impound: an officer must impound the vehicle for 20 days if the officer reasonably believes letting you keep driving would expose others to a risk of serious injury or death (A.R.S. § 28-3511(A)(3), (E)). The owner can request a post-storage hearing.
Insurers see a racing conviction on your MVD record, and it can affect coverage as well as rates.
Can Passengers and Spectators Be Charged?
Yes. A person who knowingly aids or abets a race commits a class 2 misdemeanor, or a class 1 misdemeanor for a second violation within 24 months (A.R.S. § 28-708(C)). That can include someone who organizes the event, starts the race, or blocks traffic for it. Being present is not the same as knowingly helping, and that line is often the issue in these cases.
Street takeovers can also lead to obstructing a highway charges under A.R.S. § 13-2906, and if the officer believes continued driving would be dangerous, the vehicle can be impounded for 7 days (§ 28-3511(A)(4), (H)).
How Do You Fight a Street Racing Charge?
No race, contest, or exhibition
Two cars accelerating from the same light, or one car passing another, is not automatically a race. The State has to show a competitive attempt, a contest, or an exhibition. Video from traffic cameras, businesses, and other drivers often shows the timing more clearly than a report.
Speed and acceleration evidence
If the case relies on speed, radar and lidar calibration, pacing method, and the officer’s vantage point all matter, just as in a criminal speeding case.
Identification
Night events with several similar cars make identification of the driver, and of which car did what, a real question.
The prior conviction
For a felony charge, the State must prove a prior racing conviction within 24 months. We check the dates and the record.
Spectator and passenger cases
Aiding and abetting requires knowing help. Simply watching or riding along is not enough.
What Should You Do After a Racing Citation?
- Calendar your court date. Missing it leads to an MVD suspension and possibly a warrant (A.R.S. § 28-3308).
- If your car was impounded, request the post-storage hearing promptly and keep all tow paperwork.
- Preserve any video and the names of anyone who saw what happened.
- Do not post or comment about the event online. Social media is a common source of evidence in racing cases.
- If you have a prior racing conviction, talk to a lawyer immediately; the felony question changes everything.
Why Talk With Guardian Law Group?
A former prosecutor’s view of the State’s case
Before defending clients, Christian M. Lueders served as a Maricopa County felony prosecutor. He knows how prosecutors approach racing cases and how much weight they give to the officer’s description of the event.
Careful, trial-ready preparation
We get the report, video, impound records, and any prior-conviction records, and test whether the evidence shows an actual race or exhibition.
Clear answers about what comes next
You will understand the costs, the license and impound consequences, and the felony risk if there is a prior. Read what clients say about Guardian Law Group.
Street Racing Questions and Answers
Common questions about racing and exhibition of speed charges in Arizona.
Is street racing a felony in Arizona?
A first offense is a class 1 misdemeanor. A second conviction within 24 months of a first is a class 6 felony with at least 10 days in jail (A.R.S. § 28-708(B)).
What is exhibition of speed in Arizona?
It is one of the acts prohibited by A.R.S. § 28-708, but the statute does not define it. It can be charged against a single driver, for example for a hard launch or a burnout on a public street, even without another car.
How much is a street racing ticket in Arizona?
A first conviction carries a fine of at least $250 plus 68% in surcharges and a separate $1,000 assessment, so the minimum total is more than $1,400 before court and impound fees.
Will my car be impounded for racing?
If the officer reasonably believes your continued driving would expose others to serious injury or death, the vehicle must be impounded for 20 days (A.R.S. § 28-3511(A)(3)).
How many points is racing in Arizona?
Eight points, which alone triggers traffic survival school or a suspension (A.A.C. R17-4-404).
Can I be charged for watching a street race?
Watching alone is not a crime under § 28-708, but knowingly aiding or abetting a race is a class 2 misdemeanor, and blocking traffic can be charged separately.
Contact Guardian Law Group
Talk With an Arizona Street Racing Defense Lawyer
If you were cited for racing, drag racing, or exhibition of speed anywhere in Arizona, contact Guardian Law Group before your first court date.
Available 24/7.
3101 N Central Avenue, Suite 850
Phoenix, Arizona 85012
Serving Maricopa, Yavapai, and Pinal counties and courts across Arizona.
Please do not include confidential case details in an initial online inquiry. Contacting the firm does not create an attorney-client relationship; the firm must first agree to represent you.
Request a consultation
Available 24/7. Call or send a short message through our contact page. Helpful to have ready:
- Your citation and court date
- Impound paperwork, if your car was towed
- Any prior racing or traffic convictions in the last 24 months