In New Jersey, the consequences of racing on the highway are very serious. It is, therefore, important that it be dealt with appropriately. If you have received a ticket or been charged with racing on the highway, contact our law firm to speak with an experienced New Jersey traffic lawyer about how you can best defend the charge.
Racing on the Highway (NJSA 39:4-52, NJSA 39:5C-1)
Under NJSA 39:4-52, you are prohibited from operating a vehicle for a wager or a speed contest on a public highway. In addition, NJSA 39:5C-1 makes it clear that it is a disorderly persons offense to not only to operate a vehicle, but also to manage, encourage, or assist in a racing event on a public highway.
The law does not require that you actually be speeding to be found guilty of racing on the highway. Nor does it require that you actually be driving a vehicle in the race. All that is required is that a race took place on a public highway and that you were involved in some way.
What Are the Consequences for Racing on the Highway in New Jersey?
The criminal and financial consequences of racing on the highway in New Jersey are as follows:
- A fine of $25-$100 (first offense), $100 – $200 (each subsequent offense)
- A sentence of up to 90 days in jail for a second or subsequent conviction
- 5 points against your driver’s license.
- $33 courts cost
Furthermore, if you accumulate 6 points or more, you will be required to pay a surcharge of $150 (and an additional $25 for each point over 6) each year, for three years.
Moreover, a conviction for racing on the highway, which is considered an unsafe behavior, will result in your insurance premiums increasing by as much as 73%.
Can I Lose My License for Racing on a Highway in New Jersey?
Under NJ 39:5-31, a judge may revoke the license of anyone who knowingly and willfully took part in a race on a public highway. Whether or not you lose your license will depend on the facts involved in your case and the judge’s discretion.
Defenses to Racing on the Highway in New Jersey
To convict you of racing on the highway, the police have to prove the following elements:
- A speed contest took place;
- It took place on a public highway; and
- You were involved
If the police fail to prove either of the above elements beyond a reasonable doubt, the charge may have to be dropped or, at the very least, reduced to a careless driving or unsafe driving violation, both lesser offenses under the law. Likewise, you may only end up with a simple speeding ticket to deal with.
Why Hire an Attorney to Defend a Ticket for Racing on the Highway in New Jersey?
A ticket for racing on the highway is a lot more serious than you most people think. Racing on the highway can be charged as a criminal offense, meaning that a conviction will result in you having a criminal record.
If you have been issued a ticket for racing on the highway in New Jersey, you need to hire a lawyer who is familiar with New Jersey courts and who can negotiate the charge down to a lesser offense, such as careless driving or reckless driving, or a simple speeding ticket that will not result in a criminal record.
For more information on the legal ramifications of racing on the highway in New Jersey and how we can help you defend the charge, contact us or visit us online for a no-cost, no-obligation consultation.