In an effort to crack down on a trend of street racing, lawmakers in Ohio enhanced their previous street racing law with new and more serious penalties. A conviction may result in jail time, expensive fines, and the loss of your car and license. What seems like a minor, youthful offense can have consequences lasting a lifetime.
The law includes punishment for passengers and drivers of cars not involved directly in an accident for the crime of street racing. Though criminal charges may be scary and confusing, prosecutors have the burden to prove your guilt. A knowledgeable and dedicated criminal defense lawyer will scrutinize and dismantle the case against you.
Dayton Street Racing Lawyer
If you have been arrested for street racing, call Joslyn Law Firm right away. The charge of street racing or street racing manslaughter – even if your car was not directly involved in the accident – is very serious.
We need to act quickly to mount a defense and return your car. Attorney Brian Joslyn will not allow law enforcement to cast a wide net on the scene of an alleged drag racing incident. Call us at (937) 356-3969 to discuss your case in a free, no obligation consultation.
Montgomery County Street Racing Information Center
- How are these charges defined under state law?
- What punishments does an alleged offender face if convicted?
- How is a manslaughter charge connected to this offense differenct from other vehicular manslaughter offenses?
- Does an alleged offender have any defenses against these charges?
Street racing is defined as:
- the operation of two or more vehicles from a point side by side at accelerating speeds in a competitive attempt to out-distance each other; or
- the operation of one or more vehicles over a common selected course, from the same point to the same point, wherein timing is made of the participating vehicles involving competitive accelerations or speeds.
Sec. 4511.251(A)(2) of the Ohio Revised Code states that evidence of the crime of street racing includes two vehicles operating, side by side, above the speed limit. Additionally, the rapid acceleration to speeds above the legal limit, side by side with a car, is street racing. Though the definition is absurdly broad, a capable street racing defense attorney will hold prosecutors to an extremely high standard of evidence to convince the court of your guilt.
A first conviction of street racing carries a misdemeanor of the first degree, which may be punished by a maximum of six months in jail and $1,000 fine. Additionally, your motor vehicle will be seized and your license suspended for 30 days to three years. Obviously these are extremely serious consequences for an offense most people attribute to typical reckless, youthful behavior. A criminal record can hinder your future job prospects that either run a background check or check your driving record – which is to say, most professional jobs. Expect car insurance costs to increase for several years after the return of your license. For all of these reasons, it is critical you hire an attorney who will proactively pick apart the prosecution’s case and cast doubt on their story.
For a second offense of street racing, the penalty is a felony of the fourth degree. Additionally, a felony of the fourth degree applies if there is any person physically injured, even if your vehicle played no part in the injury. If there is property damage greater than $1,000, even if your vehicle is not involved in the accident, the penalty is also a felony of the fourth degree.
Nitrous oxide being involved in the race, even if not within your own vehicle, increases the penalty assigned typically by one class; meaning a felony of the fourth degree for causing physical injury would be a felony of the third degree if it is found that any vehicle involved in the street racing incident was equipped with nitrous oxide.
While previously using charges such as involuntary manslaughter, aggravated vehicular homicide, and aggravated vehicular assault, the Ohio legislature felt they needed another charge to expand their net of prosecution for those engaged in street racing. Street racing manslaughter was passed into law in 2010.
Now, if there is an accident that results in death, operators of any motor vehicle involved in street racing that led to the accident, is criminally liable. That means, even people who made zero contact with another car or individual may be charged with manslaughter because they were involved in the street racing that led to an deadly accident.
The punishment is a felony of the second degree and up to eight years in prison. Again, the defendant stands to lose their car and also their license for five years. A felony conviction is extremely hard to overcome in the employment pool and also results in the loss of civil rights such as the right to serve on a jury, vote, and own a firearm.
Attorney Brian Joslyn knows the stress of being charged with a serious crime and feeling out of control. A strong defense attorney will afford you as much control as possible. We will immediately access police records and search for available evidence from the scene, including surveillance videos, dash cams, and witness statements.
The government must show evidence of your vehicle operating side by side with another at speeds in excess of the legal limit or rapidly accelerating from a common starting point. If there is any reasonable doubt in their claims, you cannot be found guilty. That is where an aggressive defense lawyer plays their role, and Joslyn Law Firm will leave no leaf unturned for you.
Find the Best Street Racing Defense Lawyer in Dayton
Attorney Brian Joslyn has been in your shoes, with a case against you that can turn your life sharply off track. Once you have been thrown into the criminal justice system, it can be difficult to know where to turn. We are here to answer your questions about street racing and street racing manslaughter in Dayton, Beavercreek, Columbus, and the surrounding areas. Call us at (937) 356-3969 to set up a free, no-obligation consultation today.