Unauthorized speed racing in Nevada is prosecuted as the crime of reckless driving (NRS 484B.653). Organizing an illegal speed contest is punished the same as actually racing in it.
This chart breaks down the penalties:
|
Drag Racing crime |
Nevada penalties |
| First offense |
|
| Second offense |
Misdemeanor
|
| Third or subsequent offense |
Misdemeanor
|
| Any offense causing substantial bodily harm or a fatality |
The maximum prison term becomes 10 years if the incident:
|
Furthermore, penalties can be doubled if the racing occurs in a pedestrian safety zone or a work zone.1
The language of NRS 484B.653 reads as follows:
1. It is unlawful for a person to:
(b) Drive a vehicle in an unauthorized speed contest on a highway or premises to which the public has access.
(c) Organize an unauthorized speed contest on a highway or premises to which the public has access
In this article, our Las Vegas criminal defense attorneys discuss:
- 1. Is drag racing legal in Nevada?
- 2. How can I fight charges for violating NRS 484B.653?
- 3. How soon can the record be sealed?
- Additional reading
1. Is drag racing legal in Nevada?
Unauthorized street racing is a form of reckless driving under Nevada law. It does not matter if you are driving safely or if no one else is on the dragstrip. State law prohibits participating in any exhibition of speed contest on a public roadway – or anywhere accessible by the public – that was not cleared by the proper authorities.
Furthermore, simply organizing an unauthorized drag race is as illegal as driving in it. “Organizing” means to “assist in the planning, scheduling or promotion of an unauthorized speed contest on a public highway, regardless of whether a fee is charged for attending the unauthorized speed contest.”2
Illegal street racing is a form of reckless driving in Nevada.
2. How can I fight charges for violating NRS 484B.653?
Potential defenses to Nevada drag racing charges are:
- You did not participate in or organize the street race;
- The exhibition of speed contest had been pre-authorized by the proper authorities;
- Nothing that occurred or was planned qualifies as a street race; or
- Law enforcement commits misconduct, such as coercing a confession of criminal activity.
Which defenses are most effective in fighting a Nevada drag racing charge turn on the specific facts of each case. Typical evidence that comes into play in Las Vegas street racing cases include:
- surveillance video of the alleged motor vehicle speed contest;
- eyewitnesses to the alleged race; or
- communication records (such as texts or voicemails) between the alleged organizers.
3. How soon can the record be sealed?
If a drag racing charge gets dismissed, the record seal process can begin immediately. Otherwise, misdemeanor drag racing convictions can be sealed one year after the case ends. Felony drag racing convictions can be sealed five years after the case ends.3
Learn how to seal Nevada criminal records.
Additional reading
For more in-depth information, refer to these scholarly articles:
- Drag Racing, Assumption of Risk, and Homicide – Criminal Law Bulletin.
- Death Caused by Drag Racing–Criminal Liability of the Participants – Syracuse Law Review.
- Case Study on the Experience of Street Racing – Capella University.
- The road safety implications of illegal street racing and associated risky driving behaviours: An analysis of offences and offenders – Accident Analysis & Prevention.
- Corporate Social Responsibility And A Drag Racing Attempt In Combatting Unlawful Street Racing – Journal of Economics, Business and Management.
NRS 484B.653 makes drag racing a misdemeanor as long as there are no serious injuries.
Also see our article, What Happens if I’m Arrested for Street Racing in Las Vegas?
Legal References
- NRS 484B.130. NRS 484B.135. SB-322 (2023). Nevada Revised Statute 484B.653 – Reckless driving, organization of unauthorized speed contests and driving in or facilitating unauthorized trick driving displays prohibited; penalties; court to suspend driver’s license of certain offenders; additional penalties for violation committed in work zone or pedestrian safety zone or if driver is proximate cause of collision with pedestrian or person riding bicycle; court may order impounding vehicle of certain offenders. The language of the statute reads as follows:
1. It is unlawful for a person to:
(a) Drive a vehicle in willful or wanton disregard of the safety of persons or property on a highway or premises to which the public has access.
(b) Drive a vehicle in an unauthorized speed contest on a highway or premises to which the public has access.
(c) Organize an unauthorized speed contest on a highway or premises to which the public has access.
(d) Drive a vehicle in an unauthorized trick driving display on a public highway.
(e) Facilitate an unauthorized trick driving display on a public highway.
A violation of paragraph (a), (b) or (d) of this subsection or subsection 1 of NRS 484B.550 constitutes reckless driving.
2. If, while violating the provisions of subsections 1 to 5, inclusive, of NRS 484B.270, NRS 484B.280, paragraph (a) or (c) of subsection 1 of NRS 484B.283, NRS 484B.350, subsections 1 to 4, inclusive, of NRS 484B.363 or subsection 1 of NRS 484B.600, the driver of a motor vehicle on a highway or premises to which the public has access is the proximate cause of a collision with a pedestrian or a person riding a bicycle, an electric bicycle or an electric scooter, the violation constitutes reckless driving.
3. A person who violates paragraph (a) of subsection 1 is guilty of a misdemeanor and:
(a) For the first offense, shall be punished:
(1) By a fine of not less than $250 but not more than $1,000; or
(2) By both fine and imprisonment in the county jail for not more than 6 months.
(b) For the second offense, shall be punished:
(1) By a fine of not less than $1,000 but not more than $1,500; or
(2) By both fine and imprisonment in the county jail for not more than 6 months.
(c) For the third and each subsequent offense, shall be punished:
(1) By a fine of not less than $1,500 but not more than $2,000; or
(2) By both fine and imprisonment in the county jail for not more than 6 months.
4. A person who violates paragraph (b) or (c) of subsection 1 or commits a violation which constitutes reckless driving pursuant to subsection 2 is guilty of a misdemeanor and:
(a) For the first offense:
(1) Shall be punished by a fine of not less than $250 but not more than $1,000;
(2) Shall perform not less than 50 hours, but not more than 99 hours, of community service; and
(3) May be punished by imprisonment in the county jail for not more than 6 months.
(b) For the second offense:
(1) Shall be punished by a fine of not less than $1,000 but not more than $1,500;
(2) Shall perform not less than 100 hours, but not more than 199 hours, of community service; and
(3) May be punished by imprisonment in the county jail for not more than 6 months.
(c) For the third and each subsequent offense:
(1) Shall be punished by a fine of not less than $1,500 but not more than $2,000;
(2) Shall perform 200 hours of community service; and
(3) May be punished by imprisonment in the county jail for not more than 6 months.
5. In addition to any fine, community service and imprisonment imposed upon a person pursuant to subsection 4, the court:
(a) Shall issue an order suspending the driver’s license of the person for a period of not less than 6 months but not more than 2 years and requiring the person to surrender all driver’s licenses then held by the person;
(b) Within 5 days after issuing an order pursuant to paragraph (a), shall forward to the Department any licenses, together with a copy of the order;
(c) For the first offense, may issue an order impounding, for a period of 15 days, any vehicle that is registered to the person who violates paragraph (b) or (c) of subsection 1 if the vehicle is used in the commission of the offense; and
(d) For the second and each subsequent offense, shall issue an order impounding, for a period of 30 days, any vehicle that is registered to the person who violates paragraph (b) or (c) of subsection 1 if the vehicle is used in the commission of the offense.
6. A person who violates paragraph (d) of subsection 1 is guilty of a gross misdemeanor and:
(a) For the first offense:
(1) Shall be punished by a fine of not less than $1,000 but not more than $1,500;
(2) Shall perform not less than 100 hours, but not more than 199 hours, of community service; and
(3) May be punished by imprisonment in the county jail for not more than 364 days.
(b) For the second offense and each subsequent offense:
(1) Shall be punished by a fine of not less than $1,500 but not more than $2,000;
(2) Shall perform 200 hours of community service; and
(3) May be punished by imprisonment in the county jail for not more than 364 days.
7. A person who violates paragraph (e) of subsection 1 is guilty of:
(a) For the first offense, a misdemeanor and:
(1) Shall be punished by a fine of not more than $1,000;
(2) Shall perform not less than 50 hours, but not more than 99 hours, of community service; and
(3) May be punished by imprisonment in the county jail for not more than 6 months.
(b) For the second offense and each subsequent offense, a gross misdemeanor and:
(1) Shall be punished by a fine of not less than $1,000 and not more than $1,500;
(2) Shall perform not less than 100 hours, but not more than 199 hours, of community service; and
(3) May be punished by imprisonment in the county jail for not more than 364 days.
8. In addition to any fine, community service and imprisonment imposed upon a person pursuant to subsection 6 or 7, the court:
(a) May issue an order suspending the driver’s license of the person for a period of not less than 6 months but not more than 2 years and requiring the person to surrender all driver’s licenses then held by the person;
(b) Within 5 days after issuing an order pursuant to paragraph (a), shall forward to the Department any licenses, together with a copy of the order; and
(c) May issue an order impounding, for a period of 30 days, any vehicle that is registered to the person if the vehicle is used in the commission of the offense.
9. Unless a greater penalty is provided pursuant to subsection 4 of NRS 484B.550, a person who does any act or neglects any duty imposed by law while driving or in actual physical control of any vehicle on a highway or premises to which the public has access in willful or wanton disregard of the safety of persons or property, if the act or neglect of duty proximately causes the death of or substantial bodily harm to another person, is guilty of a category B felony and shall be punished by imprisonment in the state prison for a minimum term of not less than 1 year and a maximum term of not more than 6 years and by a fine of not less than $2,000 but not more than $5,000.
10. A person who violates any provision of this section may be subject to any additional penalty set forth in NRS 484B.130 or 484B.135 unless the person is subject to the penalty provided pursuant to subsection 4 of NRS 484B.550.
11. As used in this section:
(a) “Facilitate” means to plan, schedule or promote, or assist in the planning, scheduling or promotion of, an unauthorized trick driving display or in any other way participate in an unauthorized trick driving display, including, without limitation:
(1) Using a vehicle to divert, slow, impede or otherwise block traffic with the intent to enable or assist an unauthorized trick driving display; or
(2) Filming or otherwise recording an unauthorized trick driving display with the intent to promote an unauthorized trick driving display.
(b) “Organize” means to plan, schedule or promote, or assist in the planning, scheduling or promotion of, an unauthorized speed contest on a public highway, regardless of whether a fee is charged for attending the unauthorized speed contest.
(c) “Trick driving display” means using a vehicle to perform tricks, stunts or other maneuvers on a public highway upon which traffic has been diverted, slowed, impeded or blocked to enable the performing of such tricks, stunts or maneuvers or having such tricks, stunts or maneuvers filmed or otherwise recorded.
See also Dawes v. State, (1994) 110 Nev. 1141. See also State v. Johnson (1977) 93 Nev. 279. Madison Kimbro, Controlling Street Racing with Midnight Mayhem at The Strip, 8 News Now (Jan 14, 2022). See also the Las Vegas Motor Speedway and National Hot Road Association (NHRA).
- NRS 484B.653.
- NRS 179.245. NRS 179.255.