Arizona Revised Statute § 28-708 ARS forbids drag racing on any street or highway. A first-time offense is a class 1 misdemeanor carrying at least $250 in fines, up to six months in jail, possibly community restitution, and possibly a 90-day driver’s license suspension.
The statute reads as follows:
ARS § 28-708. Racing on highways; aiding and abetting; violation; classification; exception; definitions
A. A person shall not drive a vehicle or participate in any manner in a race, speed competition or contest, drag race or acceleration contest, test of physical endurance or exhibition of speed or acceleration or for the purpose of making a speed record on a street or highway.
B. A person who violates this section is guilty of a class 1 misdemeanor. If a person is convicted of a second or subsequent violation of this section within twenty-four months after a first conviction, the person is guilty of a class 6 felony and is not eligible for probation, pardon, suspension of sentence or release on any other basis until the person has served not less than ten days in jail or prison.
C. A person who knowingly aids or abets another person in the commission of a violation of this section is guilty of a class 2 misdemeanor, except that a second or subsequent violation within a period of twenty-four months is a class 1 misdemeanor.
D. A person who is convicted of a first violation of this section shall pay a fine of not less than $250 and may be ordered by the court to perform community restitution.
E. A person who is convicted of a subsequent violation of this section shall pay a fine of not less than $500 and may be ordered by the court to perform community restitution.
F. On pronouncement of a jail sentence under this section and in cases of extreme hardship, the court may provide in the sentence that if the defendant is employed or attending school and can continue employment or school the defendant may continue the employment or school for not more than twelve hours per day nor more than five days per week, and the defendant shall spend the remaining days or parts of days in jail until the sentence is served. The court may allow the defendant to be out of jail only long enough to complete the defendant’s actual hours of employment or school.
G. If a person is convicted of violating this section, the judge may require the surrender to a police officer of any driver license of the person and immediately forward the abstract of conviction to the department. On a first conviction, the judge may order the suspension of the driving privileges of the person for a period of not more than ninety days. In the case of a first conviction and on receipt of the abstract of conviction and order of the court, the department shall suspend the driving privileges of the person for the period of time ordered by the judge. In the case of a second or subsequent conviction for an offense committed within a period of twenty-four months and on receipt of the abstract of conviction, the department shall suspend the driving privileges of the person for one year.
H. The director may authorize in writing an organized and properly controlled event to use a highway or part of a highway even though it is prohibited by this section. The authorization shall specify the time of the event, the highway or part of a highway to be used and any special conditions the director may require for the particular event.
I. After completing not less than forty-five consecutive days of the suspension period required by subsection F of this section, a person whose driving privilege is suspended for a violation of this section and who is sentenced pursuant to subsection F of this section may apply to the department for a restricted driver license that allows the person to operate a motor vehicle during the period of suspension subject to the restrictions described in section 28-144.
J. For the purposes of this section:
1. “Drag race” means either:
(a) The operation of two or more vehicles from a point side by side at accelerating speeds in a competitive attempt to outdistance each other.
(b) The operation of one or more vehicles over a common selected course and from the same point for the purpose of comparing the relative speeds or power of acceleration of the vehicle or vehicles within a certain distance or time limit.
2. “Racing” means the use of one or more vehicles in an attempt to outgain or outdistance another vehicle or prevent another vehicle from passing.
Legal Analysis
Arizona Revised Statute 28-708 ARS prohibits drag racing on streets or highways. Only the government can authorize racing events, and it must be done in writing and specify the date, time, location, and conditions.
| Drag racing | Arizona penalties |
| Drag racing |
First conviction in 24 months Class 1 misdemeanor:
Subsequent conviction within 24 months
|
| Aiding or abetting drag racing |
First conviction in 24 months
Subsequent conviction within 24 months Class 1 misdemeanor
|
| You may be able to get a restricted license after 45 days into the suspension. | |
Note that if you are employed or enrolled in school, the judge may allow you out of jail for up to 12 hours a day five days a week to go to work or school.
Example: Jeb is sentenced to six months of jail for drag racing. He has a steady 9-to-5 job working at a warehouse he does not want to lose. So the judge allows Jeb to leave the jail Monday through Friday to work his job, but he must return every day after work to jail.1
ARS 28-708 makes drag racing illegal.
See our related article on reckless driving.
Legal References
- Arizona Revised Statute 28-708 ARS – Racing on highways; aiding and abetting; violation; classification; exception; definitions. See also Derendal v. Griffith (Ariz. 2005) 104 P.3d 147; State v. McMahon (Ariz. App., 2002) 38 P.3d 1213.