§ 27-50-309 — Racing or observing a drag race as a spectator on a public highway - Definitions

(a) As used in this section: (1) "Drag race" means: (A) The operation of two (2) or more motor vehicles from a point side-by-side at accelerating speeds in a competitive attempt to outdistance each other; and (B) The operation of one (1) or more motor vehicles over a common selected course, from the same point to the same point, for the purpose of comparing the relative speeds or power of acceleration of the motor vehicle or motor vehicles within a certain distance or time limit; (2) "Public highway" means a public road, county road, city street, or any paved or unpaved roadway that is owned or maintained by a public entity or municipality; and (3) "Race" means the operation or use of one (1) or more motor vehicles traveling with excessive or at dangerous speeds in an attempt to: (A) Outgain or outdistance another motor vehicle or motor vehicles; (B) Arrive at a given destination ahead of another motor vehicle or motor vehicles; or (C) Test the physical stamina or endurance of drivers over long-distance driving routes. (b) (1) A person commits the crime of racing on a public highway if he or she knowingly: (A) Commits a violation of § 27-50-302(1) -(9) and operates a motor vehicle in a race or drag race on a public highway; or (B) Participates in, promotes, solicits, or collects moneys at any location for any race or drag race on a public highway. (2) (A) A first offense of the crime of racing on a public highway is a Class A misdemeanor. (B) A subsequent offense of the crime of racing on a public highway, committed within five (5) years of a prior offense: (i) Is a Class A misdemeanor; and (ii) Shall result upon conviction in the suspension of the person's driver's license for a period of six (6) months. (c) (1) A person commits the crime of felony racing on a public highway if he or she violates subdivision (b)(1) of this section and: (A) Commission of the violation serves to impede or stop the flow of traffic traveling on the public highway in the same or opposite direction; or (B) Is part of a gathering of ten (10) or more individuals engaging in the same or similar behavior. (2) Felony racing on a public highway is a Class D felony. (d) (1) A person commits the crime of observing a drag race as a spectator on a public highway if he or she with the purpose to observe a drag race on a public highway: (A) Is knowingly present at and purposely observes the drag race or the preparation for the drag race; and (B) Purposely demonstrates through active encouragement, assistance, facilitation, urging, or a request that the drag race commence. (2) Observing a drag race is a Class B misdemeanor. (e) (1) A motor vehicle operated in a race or drag race on a public highway may be impounded at a law enforcement officer's discretion at the time he or she issues the operator of the motor vehicle a citation for a subsequent offense of subdivision (b)(1)(A) or subdivision (c)(1) of this section committed within five (5) years of a prior offense. (2) A motor vehicle impounded under subdivision (e)(1) of this section is impounded at the registered owner's expense. (3) If a motor vehicle is impounded under this section: (A) The law enforcement agency shall use its towing policy as required for the towing and storage of motor vehicles under § 27-50-1207 and a towing rotation list if applicable; (B) The provisions of § 27-50-1201 et seq. regarding the towing and storage of motor vehicles shall apply; (C) An inventory of the contents of the motor vehicle shall be taken; and (D) The owner, operator, or other person in charge of the motor vehicle: (i) May contest the impoundment; and (ii) Shall be given notice at the time of impoundment of the right to contest the impoundment consistent with § 27-50-1207 .

Legislative History

Amended by Act 2023, No. 714,§ 1, eff. 8/1/2023. Amended by Act 2021, No. 1061,§ 2, eff. 7/28/2021. Acts 1911, No. 134, § 11, p. 94; C. & M. Dig., § 7427; Pope's Dig., § 6639; Acts 1965, No. 100, § 1; A.S.A. 1947, § 75-603; Acts 2005, No. 1568, § 3; 2009, No. 826, § 2.