Arizona criminal charge
Racing on highways in Arizona
Racing on highways is a criminal offense under Arizona law, defined by A.R.S. § 28-708. Its classification is not fixed: Arizona assigns a different penalty class depending on the circumstances of the offense. The class that applies — and the sentencing range that follows from it — depends on which statutory variant fits the facts.
Defined by A.R.S. § 28-708.
What is the penalty for racing on highways in Arizona?
| Penalty | Range | Basis | Authority |
|---|---|---|---|
| Jail / prison | up to 6 months (Racing on highways — first violation — A person who violates this section is guilty of a class 1 misdemeanor for a first offense.; definite term served outside state prison (13-707(A)(1)); prior same offense within 2 years elevates to the next higher class (13-707(B))) | discretionary | A.R.S. § 13-707 |
| Fine | up to $2,500 (Racing on highways — first violation — A person who violates this section is guilty of a class 1 misdemeanor for a first offense.; 13-802(A)) | discretionary | A.R.S. § 13-707 |
| Jail / prison | 6 months to 18 months (Racing on highways — second or subsequent violation within 24 months — A second or subsequent violation of this section within twenty-four months after a first conviction is a class 6 felony with mandatory minimum jail/prison time.; presumptive 1 year; mitigated .33 years / aggravated 2 years on required findings (13-701, 13-702(B)-(D)); repetitive (13-703) or dangerous (13-704) offenses use different ranges; a class 6 felony may be designated a class 1 misdemeanor under 13-604) | presumptive | A.R.S. § 13-702 |
| Fine | up to $150,000 (Racing on highways — second or subsequent violation within 24 months — A second or subsequent violation of this section within twenty-four months after a first conviction is a class 6 felony with mandatory minimum jail/prison time.; fine cap for an individual (13-801); statute-specific amounts may exceed) | discretionary | A.R.S. § 13-702 |
| Jail / prison | up to 4 months (Aiding and abetting racing — first violation — A person who knowingly aids or abets another in a first violation of this section is guilty of a class 2 misdemeanor.; definite term served outside state prison (13-707(A)(2)); prior same offense within 2 years elevates to the next higher class (13-707(B))) | discretionary | A.R.S. § 13-707 |
| Fine | up to $750 (Aiding and abetting racing — first violation — A person who knowingly aids or abets another in a first violation of this section is guilty of a class 2 misdemeanor.; 13-802(B)) | discretionary | A.R.S. § 13-707 |
| Jail / prison | up to 6 months (Aiding and abetting racing — second or subsequent violation within 24 months — A second or subsequent violation of aiding or abetting within twenty-four months is a class 1 misdemeanor.; definite term served outside state prison (13-707(A)(1)); prior same offense within 2 years elevates to the next higher class (13-707(B))) | discretionary | A.R.S. § 13-707 |
| Fine | up to $2,500 (Aiding and abetting racing — second or subsequent violation within 24 months — A second or subsequent violation of aiding or abetting within twenty-four months is a class 1 misdemeanor.; 13-802(A)) | discretionary | A.R.S. § 13-707 |
Applies to current.
How is racing on highways classified in Arizona?
The classification depends on the circumstances:
| Variant | Classification | When it applies | Statute |
|---|---|---|---|
| Racing on highways — first violation | Class 1 Misdemeanor | A person who violates this section is guilty of a class 1 misdemeanor for a first offense. | A.R.S. § 28-708B |
| Racing on highways — second or subsequent violation within 24 months | Class 6 Felony | A second or subsequent violation of this section within twenty-four months after a first conviction is a class 6 felony with mandatory minimum jail/prison time. | A.R.S. § 28-708B |
| Aiding and abetting racing — first violation | Class 2 Misdemeanor | A person who knowingly aids or abets another in a first violation of this section is guilty of a class 2 misdemeanor. | A.R.S. § 28-708C |
| Aiding and abetting racing — second or subsequent violation within 24 months | Class 1 Misdemeanor | A second or subsequent violation of aiding or abetting within twenty-four months is a class 1 misdemeanor. | A.R.S. § 28-708C |
Common questions about racing on highways in Arizona
Is racing on highways a felony or a misdemeanor in Arizona?
It depends on the circumstances: racing on highways ranges from a Class 2 Misdemeanor to a Class 6 Felony in Arizona under A.R.S. § 28-708.
Racing on highways — first violation: Class 1 Misdemeanor (A.R.S. § 28-708B) · Racing on highways — second or subsequent violation within 24 months: Class 6 Felony (A.R.S. § 28-708B) · Aiding and abetting racing — first violation: Class 2 Misdemeanor (A.R.S. § 28-708C) · Aiding and abetting racing — second or subsequent violation within 24 months: Class 1 Misdemeanor (A.R.S. § 28-708C)
What are the penalties for racing on highways in Arizona?
Which Arizona statute covers racing on highways?
Racing on highways is governed by A.R.S. § 28-708 (Racing on highways; aiding and abetting; violation; classification; exception; definitions).
Legal terms used in this law
This reference is informational and is not legal advice. Penalty ranges are the statutory classification ranges; sentencing in a specific case depends on its facts and history.