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looks like my racing days may be over! :
The minimum charge for racing, as defined in the statute, is a Class B Misdemeanor (One step above a regular traffic citation and a guaranteed trip to the Travis County Justice Complex).
The charge is a Class A Misdemeanor (just below a felony) if you were legally intoxicated at the time or have an open container of alcohol as defined in the Penal Code. It is also a Class A Misdemeanor if you've been convicted once before of racing.
It is a State Jail Felony if you've been convicted two times before of racing.
Important One
It is a Third Degree Felony if, as a result of racing, someone suffered bodily injury. CliffNotes: If you get into an accident while racing and someone gets hurt, even in a minor way, it's a Third Degree Felony.
It is a Second Degree Felony if, as a result of racing, someone suffered serious bodily injury (like a broken bone or a permanent injury) or death.
Drivers License Suspensions
If you are convicted under this new racing law, your drivers license will be suspended for one year. You can get an occupational license that will allow you to only go to work, school, and home. If you are under 18, your occupational license will only allow you to go to school and home. BTW, occupational licenses cost upwards of over $300.
If you are required to perform community service as part of a conviction, after you complete the community service, you can apply to DPS for reinstatement of your driving priviledges (beg for mercy). They don't have to grant it.
If, while you are under suspension for racing, you get convicted of racing again, your period of suspension starts over from the date of your second conviction and starts over. This is in addition to all the "2nd Racing Conviction" penalties and stuff.
Keep in mind that Driving While License Suspended is a Class B Misdemeanor in itself. So, if you get caught racing while your license is suspended for racing, you'll get the Class A Misdemeanor Racing (if it's only your second and not third) and a Class B Driving While License Suspended. Plus your suspension starts all over.
For your reference for the different levels of offenses and their penalties:
Class B Misdemeanor: Jail for up to 180 days or a fine up to $2000, or both.
Class A Misdemeanor: Jail for up to a year or a fine up to $4000, or both.
State Jail Felony: Jail for 180 days to 2 years and up to a $10000 fine.
Third Degree Felony: Jail for 2 years to 10 years and up to a $10000 fine.
Second Degree Felony: Jail for 2 years to 20 years and up to a $10000 fine.
Also, there is a caveat to the State Jail Felony punishment. It states that if a deadly weapon was exhibited or used in the crime or while fleeing (that's running from the cops), then it's a Third Degree Felony. A car can be defined as a deadly weapon if used that way. Keep that in mind.
Basically you go to jail and your car is towed , then if convicted your license gets suspended for a year! This is all up to the cop , if it looks like a race to him , you are in trouble.
The minimum charge for racing, as defined in the statute, is a Class B Misdemeanor (One step above a regular traffic citation and a guaranteed trip to the Travis County Justice Complex).
The charge is a Class A Misdemeanor (just below a felony) if you were legally intoxicated at the time or have an open container of alcohol as defined in the Penal Code. It is also a Class A Misdemeanor if you've been convicted once before of racing.
It is a State Jail Felony if you've been convicted two times before of racing.
Important One
It is a Third Degree Felony if, as a result of racing, someone suffered bodily injury. CliffNotes: If you get into an accident while racing and someone gets hurt, even in a minor way, it's a Third Degree Felony.
It is a Second Degree Felony if, as a result of racing, someone suffered serious bodily injury (like a broken bone or a permanent injury) or death.
Drivers License Suspensions
If you are convicted under this new racing law, your drivers license will be suspended for one year. You can get an occupational license that will allow you to only go to work, school, and home. If you are under 18, your occupational license will only allow you to go to school and home. BTW, occupational licenses cost upwards of over $300.
If you are required to perform community service as part of a conviction, after you complete the community service, you can apply to DPS for reinstatement of your driving priviledges (beg for mercy). They don't have to grant it.
If, while you are under suspension for racing, you get convicted of racing again, your period of suspension starts over from the date of your second conviction and starts over. This is in addition to all the "2nd Racing Conviction" penalties and stuff.
Keep in mind that Driving While License Suspended is a Class B Misdemeanor in itself. So, if you get caught racing while your license is suspended for racing, you'll get the Class A Misdemeanor Racing (if it's only your second and not third) and a Class B Driving While License Suspended. Plus your suspension starts all over.
For your reference for the different levels of offenses and their penalties:
Class B Misdemeanor: Jail for up to 180 days or a fine up to $2000, or both.
Class A Misdemeanor: Jail for up to a year or a fine up to $4000, or both.
State Jail Felony: Jail for 180 days to 2 years and up to a $10000 fine.
Third Degree Felony: Jail for 2 years to 10 years and up to a $10000 fine.
Second Degree Felony: Jail for 2 years to 20 years and up to a $10000 fine.
Also, there is a caveat to the State Jail Felony punishment. It states that if a deadly weapon was exhibited or used in the crime or while fleeing (that's running from the cops), then it's a Third Degree Felony. A car can be defined as a deadly weapon if used that way. Keep that in mind.
Basically you go to jail and your car is towed , then if convicted your license gets suspended for a year! This is all up to the cop , if it looks like a race to him , you are in trouble.
