Arizona Laws 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.
Attorney's Note
Under the Arizona Laws, punishments for crimes depend on the classification. In the case of this section:| Class | Prison | Fine |
|---|---|---|
| Class 6 felony | up to 1 1/2 years | up to $150,000 |
| Class 1 misdemeanor | up to 6 months | up to $2,500 |
| Class 2 misdemeanor | up to 4 months | up to $750 |
Terms Used In Arizona Laws 28-708
- Conviction: A judgement of guilt against a criminal defendant.
- Conviction: means :
(a) An unvacated adjudication of guilt or a determination that a person violated or failed to comply with the law in a court of original jurisdiction or by an authorized administrative tribunal. See Arizona Laws 28-101
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- Department: means the department of transportation acting directly or through its duly authorized officers and agents. See Arizona Laws 28-101
- Director: means the director of the department of transportation. See Arizona Laws 28-101
- Drive: means to operate or be in actual physical control of a motor vehicle. See Arizona Laws 28-101
- Driver: means a person who drives or is in actual physical control of a vehicle. See Arizona Laws 28-101
- Driver license: means a license that is issued by a state to an individual and that authorizes the individual to drive a motor vehicle. See Arizona Laws 28-101
- highway: means the entire width between the boundary lines of every way if a part of the way is open to the use of the public for purposes of vehicular travel. See Arizona Laws 28-101
- License: means any license, temporary instruction permit or temporary license issued under the laws of this state or any other state that pertain to the licensing of persons to operate motor vehicles. See Arizona Laws 28-601
- Person: includes a corporation, company, partnership, firm, association or society, as well as a natural person. See Arizona Laws 1-215
- Police officer: means an officer authorized to direct or regulate traffic or make arrests for violations of traffic rules or other offenses. See Arizona Laws 28-601
- Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
- Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
- Writing: includes printing. See Arizona Laws 1-215
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.