Have you been charged with street racing?

Maryland Street Racing Defenses

In the context of exhibition driving charges in Maryland, affirmative defenses play a crucial role in providing legal options for individuals accused of engaging in street racing activities. These defenses allow defendants to challenge the accusations by presenting evidence that supports their innocence or mitigates their liability. For instance, if a driver is accused of participating in a street race but can demonstrate through GPS data that they were not at the location of the alleged race, it could serve as a strong affirmative defense. Additionally, witnesses or video footage that contradict the prosecution’s version of events can be instrumental in building a defense strategy against street racing charges.

Furthermore, legal representation from a skilled Baltimore street racing lawyer can significantly impact the outcome of a case by navigating the complexities of the legal system and advocating for the defendant’s rights. 

For expert legal assistance in street racing cases and a comprehensive defense strategy tailored to your specific situation, consider reaching out to a reputable law firm like Monteiro Law. With a focus on criminal defense, including DUI & DWI cases, Monteiro Law offers personalized legal services under the leadership of attorney Jared Monteiro. Contact Monteiro Law at 443-397-4939 or visit their website at Monteiro Law to schedule a free consultation and explore effective defense options for street racing charges.

Introduction: Overview of Street Racing Legislation in Maryland

House Bill 601 and Senate Bill SB0442 are pivotal legislative measures in Maryland aimed at curbing street racing and exhibition driving. These bills represent a significant step towards enhancing public safety on the state’s roadways by prohibiting race contests and reckless driving behaviors [1]. For instance, House Bill 601 specifically targets the ban on race contests and exhibition driving on public highways and private property, underscoring the state’s commitment to eliminating street racing activities.

Moreover, Senate Bill SB0442 goes beyond mere prohibition by altering penalties for motor vehicle violations related to races, showcasing a multifaceted approach to addressing illegal racing practices in Maryland. This comprehensive legislative effort highlights the state’s recognition of the dangers posed by street racing and the necessity of stringent regulations to protect both drivers and pedestrians from potential harm on the roads. The recent surge in exhibition driving incidents in Maryland has further reinforced the critical need for these stricter laws and enforcement measures, emphasizing the imperative of swift and decisive action to combat this growing safety issue.

Understanding Street Racing Laws in Maryland

House Bill 601 and Senate Bill SB0442 play a crucial role in prohibiting various forms of reckless driving behaviors, including race contests and exhibition driving, to promote road safety in Maryland [1]. These legislative efforts aim to create a safer environment for all road users by curbing illegal street racing activities across the state. Illegal street racing in Baltimore, in particular, carries significant penalties and risks, underlining the importance of stringent enforcement and legal repercussions for offenders.

An example illustrating the impact of street racing in Maryland is the case of a driver arrested for participating in an illegal street race in downtown Baltimore. The individual faced severe consequences, including a hefty fine, license suspension, and community service, highlighting the serious implications of engaging in such activities.

Penalties for Street Racing Offenders

In Maryland, penalties for street racing offenders are designed to deter participation and prevent road accidents. These penalties range from fines to potential jail time and license suspension, reflecting the severity of this traffic violation. Repeat offenders and those causing harm through street racing activities face escalated consequences, including increased fines, extended license suspension, and potential criminal charges. The system of license point penalties in Maryland aims to discourage individuals from engaging in reckless street racing behaviors to ensure the safety of all road users.

An illustrative case involves a street racing participant in Maryland who caused a serious accident resulting in injuries to bystanders. The individual not only faced significant fines and license suspension but also criminal charges for reckless driving, emphasizing the harsh penalties associated with illegal street racing activities in the state.

Affirmative Defenses in Street Racing Cases

Senate Bill SB0442 introduces affirmative defenses for individuals charged with exhibition driving, offering legal avenues for those accused of street racing activities. Seeking legal representation from experienced Baltimore street racing lawyers can be vital in navigating defense strategies and minimizing the repercussions of street racing allegations. Affirmative defenses provide accused individuals with opportunities to challenge charges, present evidence, and pursue a fair resolution in street racing cases, underscoring the importance of legal advocacy in such legal matters [2].

An example demonstrating the significance of affirmative defenses is a street racing case in Maryland where a defendant successfully utilized evidence of mechanical failure in their vehicle as a defense against exhibition driving charges. This strategy led to a favorable outcome for the accused individual, showcasing the importance of legal expertise in combating street racing allegations effectively.

Enforcement and Penalties Under HB601

Maryland House Bill 601, a significant legislative measure, delves into the prohibition of street racing and exhibition driving while also meticulously detailing specific enforcement strategies and penalties to bolster adherence to the law. By receiving the Governor’s approval and successfully navigating through both legislative chambers in Maryland, HB601 epitomizes a collaborative and resolute endeavor to confront the perils associated with illicit street racing practices. The comprehensive nature of HB601 is evidenced by its amendments to various transportation-related statutes in Maryland, underlining a holistic legislative approach aimed at fortifying road safety and diminishing the prevalence of street racing incidents across the state.

One notable aspect of HB601 is its emphasis on increasing fines and penalties for offenders engaged in illegal street racing activities. These augmented consequences not only serve as a deterrent but also underscore the gravity with which Maryland authorities are addressing the issue of street racing offenders. For instance, by doubling fines for individuals partaking in unlawful street racing, the legislation sends a clear message about the unwavering commitment to curbing reckless driving behaviors that endanger public safety. Such stringent measures, encapsulated within HB601, signify a pivotal shift towards a more rigorous enforcement regime to combat the escalating challenges posed by street racing in Maryland.

In addition to fines, HB601 also introduces enhanced enforcement mechanisms to crack down on street racing violations effectively. By laying out specific protocols and strategies for enforcement agencies to tackle street racing, the bill streamlines the process of identifying, apprehending, and penalizing offenders, thereby bolstering the state’s capabilities in addressing this pressing issue. This proactive stance taken through HB601 reflects Maryland’s proactive approach to ensuring road safety and upholding the rule of law, ultimately fostering a safer environment for all residents and motorists in the state. For more details on legal assistance in navigating street racing charges, individuals can explore the services offered by Monteiro Law.

Since most streetracing is underground and done at night, chances are you are going to find yourself in trouble in the middle of the night or early morning. Monteiro Law is open 24/7 so call us anytime. 

Back before The Fast and Furious came out, the street racing scene in Southern California was quite well known. San Diego was at the center of most of the action so much so that the San Diego Police Department started a task force called DragNet. DragNet’s sole purpose was to catch street racers in the middle of a races. They would block in hundreds of cars at one time and give tickets, arrest racers and spectators, and impound cars. Many racers and spectators would have an attorney who specialized in street racing charges on speed dial in case they were arrested. Websites even listed phone numbers of street racing defense lawyers to assist street racers in getting the legal assistance they needed.

Recent Legislative Changes in Maryland

Recent legislative changes in Maryland have been instrumental in addressing the escalating concerns surrounding illegal street racing activities. One key development has been the decision by Maryland lawmakers to enhance fines for individuals engaged in illegal street racing. By imposing stricter financial penalties, legislators aim to deter reckless driving behaviors and emphasize the gravity of participating in illicit racing activities.

For instance, Security Square Mall serves as a poignant example of the impact of illegal street racing incidents, as documented through video footage and reports. These real-world instances underscore the urgency for legislative interventions and the necessity for more stringent penalties to combat the dangers posed by street racing. The visual evidence from Security Square Mall vividly portrays the risks and disruptions caused by illegal racing activities, further motivating policymakers to take decisive action to safeguard communities and road users.

Overall, the recent legislative changes in Maryland signify a proactive and resolute approach by policymakers to curb the surge in street racing incidents. By implementing stricter penalties and enforcement measures, Maryland aims to protect its residents, enhance public safety, and mitigate the adverse effects of illegal racing activities on communities. The commitment to addressing these challenges through legislative means highlights the state’s dedication to ensuring road safety and deterring unlawful behaviors on its highways and streets.

Legal Assistance for Street Racing Cases

When individuals face criminal charges related to street racing in Maryland, seeking legal assistance is crucial to navigate the complexities of the legal system. Monteiro Law, located in Salisbury, Maryland, offers specialized legal services tailored to individuals confronting allegations of street racing offenses. Led by attorney Jared Monteiro, a former prosecutor with extensive experience in criminal defense, the firm provides aggressive representation to protect the rights and interests of clients embroiled in legal battles.

With a primary focus on DUI & DWI cases, Monteiro Law brings a wealth of knowledge and expertise to the table when handling street racing cases. By developing customized legal strategies and offering unwavering advocacy, the legal team at Monteiro Law is well-equipped to guide clients through the intricate legal processes associated with street racing charges. For those in need of expert legal guidance, contacting Monteiro Law at 443-397-4939 or visiting their website at https://monteiro-law.com/ can open the door to a free consultation and the exploration of effective defense options tailored to individual circumstances.

If you are facing legal challenges due to street racing allegations, do not hesitate to reach out to Monteiro Law for professional assistance and strategic representation in your case. Your future may depend on the legal support you receive, and Monteiro Law is committed to providing the guidance and advocacy necessary to navigate the complexities of criminal charges effectively. Contact Monteiro Law today to take the first step towards safeguarding your rights and exploring the best defense strategies available to you.

The Maryland Street Racing Law (Senate Bill 442)

AN ACT concerning

 

Street Racing and Exhibition Driving – Prohibited Acts, Enforcement, and

 

Penalties

 

FOR the purpose of altering certain penalties and points assessments for certain motor vehicle violations related to participation in a race or speed contest; prohibiting a person from engaging in exhibition driving on any highway or private property that is used for driving by the public; establishing certain affirmative defenses to a certain charge of exhibition driving; and generally relating to prohibited acts and penalties related to participation in a race or speed contest or engaging in exhibition driving.

 

BY repealing

Article – Transportation

Section 16–402(a)(22)

Annotated Code of Maryland

(2020 Replacement Volume and 2023 Supplement)

 

BY renumbering

Article – Transportation

Section 16–402(a)(23) through (33) and (34) through (43)

 

to be Section 16–402(a)(22) through (32) and (35) through (44), respectively Annotated Code of Maryland

(2020 Replacement Volume and 2023 Supplement)

 

BY adding to

 

Article – Transportation

 

Section 16–402(a)(33), (34), (45), and (46) and 21–1116.1 Annotated Code of Maryland

(2020 Replacement Volume and 2023 Supplement)

 

BY repealing and reenacting, with amendments, Article – Transportation

 

Section 21–1116 and 21–1132

Annotated Code of Maryland

 

(2020 Replacement Volume and 2023 Supplement)

 

SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, That Section(s) 16–402(a)(22) of Article – Transportation of the Annotated Code of Maryland be repealed.

 

SECTION 2. AND BE IT FURTHER ENACTED, That Section(s) 16–402(a)(23) through (33) and (34) through (43) of Article – Transportation of the Annotated Code of

 

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Ch. 570                                                  2024 LAWS OF MARYLAND

 

 

Maryland be renumbered to be Section(s) 16–402(a)(22) through (32) and (35) through (44), respectively.

 

SECTION 3. AND BE IT FURTHER ENACTED, That the Laws of Maryland read as follows:

 

Article – Transportation

 

16–402.

 

  • After the conviction of an individual for a violation of Title 2, Subtitle 5, § 2–209, § 3–211, or § 10–110 of the Criminal Law Article, or of the vehicle laws or regulations of this State or of any local authority, points shall be assessed against the individual as of the date of violation and as follows:

 

  • EXCEPT AS  PROVIDED  IN  ITEM  (45)  OF  THIS  SUBSECTION,

 

PARTICIPATING IN A RACE OR SPEED CONTEST ON A HIGHWAY………………..8 POINTS

 

  • EXCEPT AS  PROVIDED  IN  ITEM  (46)  OF  THIS  SUBSECTION,

 

ENGAGING IN EXHIBITION DRIVING ON A HIGHWAY………………………………8 POINTS

 

  • PARTICIPATING IN A RACE OR SPEED CONTEST ON A HIGHWAY RESULTING IN SERIOUS BODILY INJURY, AS DEFINED IN 20–102(C) OF THIS

 

ARTICLE, TO ANOTHER PERSON……………………………………………………..12 POINTS

 

  • ENGAGING IN EXHIBITION DRIVING ON A HIGHWAY RESULTING IN SERIOUS BODILY INJURY, AS DEFINED IN 20–102(C) OF THIS ARTICLE, TO

 

ANOTHER PERSON……………………………………………………………………..12 POINTS

 

21–1116.

 

  • (1) Except as provided in § 21–1211 of this title, on any highway or on any private property that is used by the public in general, a person may not drive a vehicle in a race or speed contest, whether or not on a wager or for a prize or reward.

 

[(b)] (2) Except as provided in § 21–1211 of this title, a person may not participate as a timekeeper or flagman in any race or speed contest specified in [subsection

 

  • of this section] PARAGRAPH (1) OF THIS SUBSECTION.

 

(B) (1) EXCEPT AS PROVIDED IN PARAGRAPH (2) OF THIS SUBSECTION, A PERSON CONVICTED OF A VIOLATION OF SUBSECTION (A)(1) OF THIS SECTION IS SUBJECT TO IMPRISONMENT NOT EXCEEDING 60 DAYS OR A FINE NOT EXCEEDING

$1,000 OR BOTH.

 

 

 

 

– 2 –

 

WES MOORE, Governor

Ch. 570

 

 

[(c)] (2) A person convicted of a violation of subsection [(a)] (A)(1) of this section that results in serious bodily injury to another person, as defined in § 20–102(c) of this article, is subject to imprisonment not exceeding 1 year or a fine not exceeding $1,000 or both.

 

21–1116.1.

 

(A) IN THIS SECTION, “EXHIBITION DRIVING MEANS THE OPERATION OF A MOTOR VEHICLE IN CLOSE PROXIMITY TO A CROWD OR GATHERING IN A MANNER THAT INTENTIONALLY RESULTS IN TWO OR MORE OF THE FOLLOWING:

 

  • THE EXCESSIVE, ABRUPT ACCELERATION OR DECELERATION OF THE MOTOR VEHICLE;

 

  • THE SKIDDING, SQUEALING, BURNING, OR SMOKING OF THE TIRES OF THE MOTOR VEHICLE;

 

  • THE SWERVING OR SWAYING OF THE MOTOR VEHICLE FROM SIDE TO SIDE WHILE SKIDDING ACCELERATING;

 

(4)

(I)

 

THE  ENGINE  OF  THE  MOTOR  VEHICLE  PRODUCING  AN

UNREASONABLY LOUD, RAUCOUS, OR DISTURBING NOISE; OR

 

 

 

 

 

(5)

(II)

THE GRINDING OF THE GEARS OF THE MOTOR VEHICLE OR

 

THE BACKFIRING OF THE ENGINE OF THE MOTOR VEHICLE;

 

  • (5) ANY OF THE WHEELS OF THE MOTOR VEHICLE LOSING CONTACT WITH THE GROUND; OR

 

  • (6)THE TRANSPORTATION OF A PASSENGER ON OR IN AN AREA

 

OF A MOTOR VEHICLE THAT IS NOT DESIGNED OR INTENDED FOR PASSENGER TRANSPORT SUCH AS THE HOOD OR ROOF.

 

(B)

ON ANY HIGHWAY OR ON ANY PRIVATE PROPERTY THAT IS USED FOR

DRIVING BY THE PUBLIC IN GENERAL, A PERSON MAY NOT ENGAGE IN EXHIBITION

DRIVING.

 

(C)

(1)   EXCEPT AS PROVIDED IN PARAGRAPH (2) OF THIS SUBSECTION, A

 

PERSON CONVICTED OF A VIOLATION OF THIS SECTION IS SUBJECT TO IMPRISONMENT NOT EXCEEDING 60 DAYS OR A FINE NOT EXCEEDING $1,000 OR BOTH.

 

  • A PERSON CONVICTED OF A VIOLATION OF THIS SECTION THAT RESULTS IN SERIOUS BODILY INJURY TO ANOTHER PERSON, AS DEFINED IN

 

 

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Ch. 570                                                  2024 LAWS OF MARYLAND

 

 

20–102(C) OF THIS ARTICLE, IS SUBJECT TO IMPRISONMENT NOT EXCEEDING 1 YEAR OR A FINE NOT EXCEEDING $1,000 OR BOTH.

 

(D) A COURT MAY CONSIDER IN DEFENSE OF A CHARGE FOR EXHIBITION DRIVING:

 

  • WITH RESPECT TO ACTIVITY DESCRIBED IN SUBSECTION (A)(1) OR (2) OF THIS SECTION, THAT THE INDIVIDUAL DRIVING THE MOTOR VEHICLE ACTED IN A REASONABLE MANNER FOR SAFETY PURPOSES; OR

 

  • WITH RESPECT TO ACTIVITY DESCRIBED IN SUBSECTION (A)(7) (A)(6) OF THIS SECTION, THAT THE INDIVIDUAL DRIVING THE MOTOR VEHICLE WAS

 

PARTICIPATING IN A PROPERLY PERMITTED PARADE AT THE TIME OF THE ALLEGED VIOLATION.

 

21–1132.

 

  • (1)In this section the following words have the meanings indicated.

 

  • “Exhibition driving WITHIN A SPECIAL EVENT ZONE” means:

 

  • The operation of a motor vehicle WITHIN A SPECIAL EVENT ZONE in a manner that results in:

 

  1. The excessive, abrupt acceleration or deceleration of the

motor vehicle;

 

  1. The skidding, squealing, burning, or smoking of the tires

of the motor vehicle;

 

  1. The swerving or swaying of the motor vehicle from side to

side while skidding;

 

  1. The engine of the motor vehicle producing an unreasonably loud, raucous, or disturbing noise;

 

  1. The grinding of the gears of the motor vehicle or the backfiring of the engine of the motor vehicle; or

 

  1. Any of the wheels of the motor vehicle losing contact with

the ground; or

 

  • The transportation of a passenger WITHIN A SPECIAL EVENT ZONE on or in an area of a motor vehicle that is not designed or intended for passenger transport such as the hood or roof.

 

– 4 –

 

WES MOORE, Governor

Ch. 570

 

 

 

  • “Special event” means any automotive or motor vehicle event occurring on or in close proximity to a highway that:

 

  • Has been permitted or approved by a unit of local government; or

 

  • Is expected to have 1,000 or more individuals in attendance, regardless of whether the event has been permitted or approved by a unit of local government.

 

  • (i) “Special event zone” means an area on or along a highway that is marked by appropriate warning signs or other traffic control devices designating the area as a special event zone, indicating that a special event is in progress, and stating that a person who violates this section is subject to arrest.

 

  • “Special event zone” includes a parking structure, a parking lot, a street, or any other property, private or public, immediately adjacent to the marked area on or along the marked area.

 

  • [This section applies only in Worcester County.

 

(c)] (1) The State Highway Administration may, on its own initiative or at the request of a local authority:

 

  • Designate an area on a State highway as a special event zone;

and

 

  • Reduce established speed limits in the special event zone after a

determination that the change is necessary to ensure public safety.

 

  • A local authority may:

 

  • Designate an area on a highway under its jurisdiction as a

special event zone; and

 

  • Reduce established speed limits in the special event zone after a

determination that the change is necessary to ensure public safety.

 

  • A speed limit established under this subsection shall become effective

when posted.

 

[(d)] (C)           A person may not engage in exhibition driving within a special event

zone.

 

[(e)] (D) A person may not commit any of the following violations within a special event zone:

 

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Ch. 570                                                  2024 LAWS OF MARYLAND

 

 

 

  • Driving a motor vehicle at a speed exceeding the posted speed limit;

 

  • Negligent driving under § 21–901.1(b) of this title;

 

  • Driving a motor vehicle in a race or speed contest under [ 21–1116(a)] § 21–1116(A)(1) of this subtitle that does not result in serious bodily injury to another person, as defined in § 20–102(c) of this article;

 

(4)         Participating   in   a    race   or   speed    contest   under    [§  21–1116(b)]

 

  • 21–1116(A)(2) of this subtitle; or

 

  • Skidding, spinning of wheels, or causing excessive noise under § 21–1117 of this subtitle.

 

[(f)] (E) (1) A person convicted of a violation of subsection [(d)] (C) of this section is subject to imprisonment not exceeding 60 days or a fine not exceeding $1,000 or both.

 

 

  • A person convicted of a violation of subsection [(e)] (D) of this section is subject to a fine not exceeding $1,000.

 

(F) A COURT MAY CONSIDER IN DEFENSE OF A CHARGE FOR EXHIBITION DRIVING WITHIN A SPECIAL EVENT ZONE:

 

  • WITH RESPECT TO ACTIVITY DESCRIBED IN SUBSECTION (A)(2)(I)1 OR 2 OF THIS SECTION, THAT THE INDIVIDUAL DRIVING THE MOTOR VEHICLE ACTED IN A REASONABLE MANNER FOR SAFETY PURPOSES; OR

 

  • WITH RESPECT TO ACTIVITY DESCRIBED IN SUBSECTION (A)(2)(II) OF THIS SECTION, THAT THE INDIVIDUAL DRIVING THE MOTOR VEHICLE

 

WAS PARTICIPATING IN A PROPERLY PERMITTED PARADE AT THE TIME OF THE ALLEGED VIOLATION.

 

SECTION 4. AND BE IT FURTHER ENACTED, That the publisher of the Annotated Code of Maryland, in consultation with and subject to the approval of the Department of Legislative Services, shall correct, with no further action required by the General Assembly, cross–references and terminology rendered incorrect by this Act. The publisher shall adequately describe any correction that is made in an editor’s note following the section affected.

SECTION 5. AND BE IT FURTHER ENACTED, That this Act shall take effect June 1, 2024.

Approved by the Governor, May 9, 2024.

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