Our job is to WIN FOR YOU. That's it.

Racing on a Highway

Although numerous movies depict street racing as an action with little to no consequence, in reality that couldn’t be further from the truth. Racing on a road or highway is illegal in the state of Texas and a conviction carries harsh penalties. If you’re found guilty of racing, you could face a sentence ranging from 180 days in jail to 10 years in prison depending on the circumstances.

For these reasons and more, we highly encourage you to contact an experienced Texas racing defense lawyer immediately. An experienced and skilled defense attorney can analyze the case and determine the best legal defense designed to cast doubt on the prosecution’s argument. They have the resources and means to execute this defense by filing creative/necessary motions, calling upon experts, suppressing incriminatory evidence, and other innovative strategies. That is why we highly encourage you to secure legal counsel as soon as possible if you’ve been arrested with racing in the state of Texas.

Street Racing Defense Attorney, Houston | Harris County, Texas

If you or someone you know has been arrested for racing on a highway in the state of Texas, it’s within your best interest to contact Horak Law. Matthew Horak is a skilled, creative, and experienced defense lawyer with over 60 criminal trials under his belt. He can conduct a thorough case analysis of your charges and develop a sturdy defense plan designed to reduce or ultimately dismiss your criminal charges.

Call Horak Law today at (713) 225-8000 to set up your first consultation free of charge. Horak Law is located in The Woodlands and Houston, but we accept clients throughout all parts of the Houston metropolitan area including surrounding counties such as Harris County, Fort Bend County, Brazoria County, Montgomery County, Galveston County, Liberty County, and Waller County.

Information Center:

Back to top

Is Street Racing Illegal in Texas?

Despite what movies and television depict, it’s illegal to race on any road or highway in Texas. The crime is defined under the Transportation Code Section 545.240 as a traffic offense. The statue states that doing any of the following actions is prohibited on Texas’s roadways.

  • A race of any kind
  • Speed competition involving motor vehicles
  • Drag racings or acceleration contests
  • Testing the physical endurance of the motor vehicle’s driver
  • Showing off a vehicle’s speed or acceleration
  • Break or attempt to break a vehicle speed record connected to a drag race

It’s important to understand the term “drag race” is defined as any two or more vehicles from a point side by side that are accelerating their speed in an attempt to outdistance the other driver. The definition states the race can include vehicles on a selected course so the drivers and spectators can compare the speed and/or power of acceleration of the vehicles at a specific date and time.

Back to top

What Can Happen If You Are Found Guilty of Racing on a Highway Texas?

Racing is an incredibly serious crime and carries harsh penalties. The severity of the charges will depend on the defendant’s criminal record and the circumstances surrounding the crime. Racing on the highway without any aggravating factors is a class B misdemeanor punishable by:

  • Up to 180 days in jail
  • A fine of up to $2,000

If the defendant had a prior conviction, was intoxicated during the commission of the crime, and/or was in possession of an open container, then they will instead face a class A misdemeanor punishable by the following:

  • Up to 12 months in jail
  • A fine of up to $4,000

Back to top

Felony Racing Charges in Texas

Although it’s rare, there are circumstances where a racing offense may be classified as a felony. Under Michigan law, a racing offense will be enhanced to a felony if one of the following is true:

  • A person was injured or sustained a bodily injury as a result of the racing
  • Another person suffered from serious bodily injury or death as a result of the racing

If a person sustains a bodily injury due to the racing, then the crime will be elevated to a third-degree felony. The defendant will instead face up to 10 years in prison and a fine of up to $10,000. Racing crimes where a person was seriously injured or died as a result of the act will result in a second-degree felony punishable by:

  • Up to 20 years in prison
  • A fine of up to $10,000

Back to top

Additional Resources

Texas Laws for Racing – Visit the official website for the Texas Transportation Code to learn more about their laws for racing on a highway or roadway. Access the site to learn what constitutes as racing under Texas law, the penalties for racing, and other related crimes.

Back to top

Houston Racing Defense Lawyer, Texas | Harris County, Drag Racing

If you or someone you know has been arrested for racing, it’s imperative you call Horak Law. Matthew Horak and his legal team have spent years defending Texas residents charged with traffic crimes including racing. He can assist you utilizing his extensive resources, experience, and legal strategies. Call Horak Law today at (713) 225-8000 to set up your first consultation free.

Back to top

  • Texas Board of Legal Specialization | Criminal Law
  • National College for DUI Defense
  • National Association of Criminal Defense Laywers
  • Harris County Criminal Lawyers Association
  • Matt Horak has earned recognition for community leadership by Lawyer Legion