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Racing or Drag Racing Arrests and Citations in Atlanta, Georgia

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Street racing is considered major traffic violation in Georgia. Throughout 2020, there was a significant increase in Street Racing and Laying Drag in Atlanta. In response, the Atlanta Police Department and Georgia State Patrol implemented a substantial coordinated effort to reduce street racing and laying drag on highways. According to the Atlanta Police Department, there were over 2,000 911 calls made between January and October 2020 to report street racing, or laying drag in Atlanta.[1] This blog will explain in detail the law on Racing in Georgia.

 

Racing on Highways or Streets, defined by O.C.G.A. § 40-6-186, means the use of one or more vehicles in an attempt to outgain, outdistance, or prevent another vehicle from passing, to arrive at a given destination ahead of another vehicle or vehicles, or to test the physical stamina or endurance of drivers over long-distance driving routes. Georgia law prohibits any vehicle on a highway or street to engage in any race, or speed competition. It is considered a misdemeanor criminal offense. Officers in Georgia can either issue a citation or make an arrest for Racing. After citation or arrest, there will be an arraignment hearing where you will be asked to enter a guilty or not guilty plea. During the course of the criminal case, there may be plea negotiations, a bench trial, or a jury trial.

 

What is the punishment for Racing in Georgia?

 

Since it is a misdemeanor offense, the maximum penalty is 12 months in jail for this charge.  In addition to Racing, the officer may also cite you with speeding and reckless driving, which each can carry another 12 month sentence consecutive. In addition to probation or jail, there will be insurance premium increases, and a mandatory license suspension. If you are convicted of Racing in Georgia, the license suspension is a minimum 120 days. A limited permit is an option that can be explored.

 

However, the driver’s license suspension could be much longer depending on any previous tickets on your motor vehicle report. This is because Racing is a contributing offense towards Habitual Violator status. For example, if in the past five years you were convicted of Suspended Registration, DUI, and Racing, it would be a five-year habitual violator suspension. (Check out our blog on Habitual Violator here: ___________). A skilled defense lawyer will evaluate your motor vehicle report to help advise you on license consequences as well as negotiate favorable resolutions where license suspension, points, and jail are always avoided where possible. Lastly, bench and jury trials are also an option in Racing and other traffic cases.

 

If you or a loved one has been cited or arrested for Racing in Atlanta, give us a call for a FREE CONSULTATION at 404-581-0999. With increased focus throughout Atlanta on these types of charges, it is imperative to have an advocate in court if you are charged with Racing or Laying Drag in Georgia.

[1] Reckless Driving, Laying Drag, and Racing on Highways/Streets Charges Issued by APD https://citycouncil.atlantaga.gov/Home/ShowDocument?id=4598

Laying Drag Arrests and Citations in Atlanta, Georgia

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This past year saw a new illegal trend in Atlanta: Laying Drag. We saw it everywhere from local news coverage to live streamed social media posts of cars driven in a circular course while bystanders gathered to look on. In response to the increase in Laying Drag in Atlanta, the Atlanta Police Department and the Georgia State Patrol has cracked down by issuing hefty citations and making arrests for those involved. In fact, Atlanta Police Department has a specific street racing detail that “aggressively monitors and pursues” those involved in laying drag or street racing. Likewise, there has been a sharp increase in prosecutions for laying drag.

 

Under O.C.G.A. § 40-6-251, Georgia law prohibits drivers from operating their vehicle in a manner that creates a danger to persons or property by intentionally and unnecessarily causing the vehicle to move in a zigzag or circular course or to gyrate or spin around. Citations or arrests can be made if laying drag was on highways, streets, or even in parking lots.

 

The exception under Georgia law for driving in such a way is to avoid an accident or collision. Otherwise, laying drag in Georgia is a misdemeanor criminal offense. The penalty for misdemeanors in Georgia is jail time up to 12 months or a $1,000 fine, or both. Paying a ticket online or at court for laying drag is a guilty plea and admission of guilt.

 

If convicted of Laying Drags in Georgia, the Department of Driver Services will also assess 3 points onto your driver’s license. This can cause insurance premium increases and even a license suspension depending on what other citations you have on your record, or are given at the same time as Laying Drag. For example, most police officers will issue at a minimum BOTH a Laying Drag ticket simultaneously with a Reckless Driving ticket. Reckless Driving is a charge that is reported to your criminal history and would assess an additional 4 points on your motor vehicle report.

 

Given the increase in police patrols and news coverage on this type of driving behavior, it is imperative to have an attorney advocate for you in court if you are cited or arrested for laying drag. Skilled lawyers can negotiate favorable resolutions. Both bench trials and jury trials are an option in Laying drag cases. Give us a call today for a FREE CONSULTATION at 404-581-0999 to discuss your case.