Drag racing carries harsh penalties in any circumstance, but it’s a felony if someone is hurt or killed as the result of the race. If you've been accused of this type of reckless driving, you need to seek the assistance of a skilled attorney as soon as possible.
§ 46.2-865.1 Injuring Another or Causing the Death of Another While Engaging in a Race; Penalties
Virginia code § 46.2-865 outlines the consequences of drag racing that causes injury or death to another party in this way:
"A. Any person who, while engaging in a race in violation of § 46.2-865 in a manner so gross, wanton and culpable as to show a reckless disregard for human life:
1. Causes serious bodily injury to another person who is not involved in the violation of § 46.2-865 is guilty of a Class 6 felony; or
2. Causes the death of another person is guilty of a felony punishable by a term of imprisonment of not less than one nor more than 20 years, one year of which shall be a mandatory minimum term of imprisonment.
B. Upon conviction, the court shall suspend the driver's license of such person for a period of not less than one year nor more than three years, and shall order the surrender of the license to be disposed of in accordance with the provisions of § 46.2-398."
Defending Against the Charge
Drag racing when nobody is hurt is considered a Class 1 misdemeanor offense, just like any other reckless driving offense. However, when someone is injured, the case becomes a Class 6 felony. If you've been accused of this type of offense, legal representation is a must. A felony criminal conviction will have severe future consequences.
Virginia reckless driving attorney Charles V. Hardenbergh is dedicated to helping drivers build an aggressive defense against all types of reckless driving charges, including a felony reckless driving charge based on drag racing. He uses his past experience as a JAG officer, law professor, and federal prosecutor to provide clients with effective representation designed to minimize the consequences of the charge. Call today to schedule a free, no-obligation initial consultation.