Street Racing Attorney in Bentonville

Why Choose Cody W. Dowden, Attorney at Law for Your Street Racing Defense?

When facing street racing charges in Bentonville, having a seasoned criminal defense lawyer can make all the difference. As a former prosecutor, I bring a unique and comprehensive perspective to each case, providing strategic defenses informed by an insider's understanding of the legal system. My focus is on offering clients personalized attention and bespoke legal solutions, traits that have distinguished my practice in Northwest Arkansas.

In addition to my prosecutorial experience, my approach is deeply rooted in transparency and communication. This means keeping you informed at every stage of your case and ensuring you understand your legal circumstances and options. I'm dedicated to building strong client relationships based on trust and mutual respect, aiming for outcomes that truly reflect your best interests.

As a skilled street racing attorney in Bentonville—and former prosecutor—I am ready to fight for your freedom. Call (479) 777-0640 now or contact me online for a free consultation.

Understanding Street Racing Laws in Arkansas

Arkansas Code Annotated (A.C.A.) § 27-50-309 explicitly prohibits various forms of competitive driving on public highways. It's crucial to understand that this statute applies whether or not the vehicles involved exceed the posted speed limit; the competitive or exhibitionist nature of the driving is the key element. This means that even if you were below the speed limit, if your actions fit the definition of racing or exhibiting speed, you could still be charged.

A person commits the crime of racing on a public highway if he or she knowingly:

• Commits a violation of certain general traffic laws (e.g., speeding, reckless driving) AND operates a motor vehicle in a race or drag race on a public highway; OR
• Participates in, promotes, solicits, or collects moneys at any location for any race or drag race on a public highway.

As a street racing attorney in Bentonville residents trust, I guide clients through the complexities of local statutes and work towards mitigating the impact of such charges.

Penalties for Street Racing Convictions in Arkansas

A conviction for street racing in Arkansas carries substantial penalties that escalate for repeat offenses and have both immediate and long-term consequences. As a criminal misdemeanor or felony, a conviction will result in a permanent criminal record.

Direct Penalties:

First Offense of Racing on a Public Highway:

• Classification: Class A Misdemeanor.
• Maximum Penalties: Up to one (1) year in county jail and/or a fine of up to $2,500.

Second or Subsequent Offense of Racing on a Public Highway (within 5 years of a prior offense):

• Classification: Still a Class A Misdemeanor, BUT it also carries a mandatory suspension of the person's driver's license for a period of six (6) months upon conviction. This is a crucial automatic penalty.

Felony Racing on a Public Highway:

• Classification: Class D Felony.
• Penalties: Up to six (6) years in state prison and/or a fine of up to $10,000. This is a severe escalation from the misdemeanor charge.

Observing a Drag Race as a Spectator:

• Classification: Class B Misdemeanor.
• Maximum Penalties: Up to 90 days in county jail and/or a fine of up to $1,000.

Driver's License Consequences:

Beyond direct fines and potential jail time, a conviction for street racing can have significant administrative impacts on your driver's license:

• Points on Driving Record: Racing (including observing) carries 8 demerit points on your Arkansas driving record. This is a very high number of points for a single offense.
• License Suspension for Points: Accumulating points can lead to license suspension by the Arkansas Office of Driver Services:
  • 14 points within 3 years: Notice of license suspension for 3 months.
  • 18 points within 3 years: Notice of license suspension for 6 months.
  • 24 points within 3 years: Notice of license suspension for 12 months. A single street racing conviction with 8 points can quickly push you towards these suspension thresholds, especially if you have any prior moving violations.
• Mandatory License Suspension for Repeat Offense Racing: As noted above, a second or subsequent conviction for Racing on a Public Highway carries a mandatory 6-month license suspension, regardless of points. This suspension is in addition to any points-based suspension.
• Reinstatement Fee: To get your license reinstated after any suspension, you will have to pay a $150 reinstatement fee to the Office of Driver Services. A Bentonville street racing lawyer will guide you through this process.

Other Collateral Consequences:

• As a criminal misdemeanor or felony, a street racing conviction will result in a permanent criminal record that is visible on background checks. 
• Increase in your insurance rates, potentially doubling your premiums for three years or more, costing you thousands of dollars over time.
• For a second or subsequent conviction for Racing on a Public Highway, or a first conviction for Felony Racing on a Public Highway, the motor vehicle involved may be impounded at the discretion of the law enforcement officer.
• If your street racing activity causes an accident, you could face civil lawsuits from injured parties seeking substantial damages for medical expenses, lost wages, and pain and suffering, in addition to criminal charges.
• A criminal record can make it harder to qualify for loans, mortgages, or other forms of credit.
• Some countries may deny entry to individuals with criminal convictions.

The severity of these potential outcomes underscores the urgent need for a dedicated street racing attorney in Bentonville.

Why You Should Fight Your Street Racing Charge

Simply paying a street racing ticket or pleading guilty might seem like the easiest solution, but it’s an admission of guilt with numerous unforeseen and severe consequences that often outweigh the initial fine. There are many compelling reasons to challenge your charge with the help of a Bentonville street racing lawyer.

• Avoid a Criminal Record: Preventing a criminal misdemeanor or felony conviction from appearing on your record is paramount for your future employment, housing, and educational opportunities.
• Protect Your Driver's License: Avoid the automatic 6-month suspension for a second offense, and keep your point total low to prevent longer suspensions due to point accumulation.
• Save Money on Insurance: Substantial increases in auto insurance premiums can cost thousands of dollars over several years. Fighting the charge can save you this significant financial burden.
• Prevent Vehicle Impoundment/Forfeiture: Avoid having your vehicle seized and potentially lost.
• Challenge the Evidence: Law enforcement officers can make mistakes in their observations or procedures, and the prosecution may struggle to prove the specific elements of "racing" or "intent to compete." A skilled street racing attorney in Bentonville knows how to scrutinize the evidence.
• Potential for Dismissal or Reduction: Many charges can be dismissed entirely if the officer's testimony is weak or if legal errors are found. Alternatively, your attorney can often negotiate a reduction to a lesser, non-racing offense (e.g., a simple speeding ticket or basic reckless driving with different point consequences), which significantly mitigates the impact.

How a Street Racing Criminal Defense Attorney Can Help

Navigating street racing charges requires a deep understanding of local and state laws, combined with an effective defense strategy. My role involves diligently reviewing the specifics of your case, from the circumstances of your arrest to any evidence gathered by law enforcement. I strive to challenge any discrepancies or rights violations that might strengthen your defense. This client-centric focus ensures that your concerns are addressed and that you are actively involved in the decision-making process.

Furthermore, I work closely with expert witnesses when necessary to shed light on complex issues, such as vehicle performance dynamics or accident reconstruction. This detailed approach not only bolsters your defense but also ensures that every potential angle is explored. The goal is to build a comprehensive case that highlights any weaknesses in the prosecution's arguments, thereby maximizing your chances of a favorable outcome.

Why Personal Attention & Experience Matter

At Cody W. Dowden, Attorney at Law, I take pride in offering personalized attention to each of my clients. This approach allows me to tailor defense strategies specifically to your case, making sure no detail is overlooked. With over a decade of experience, I am equipped to handle the complexities of street racing charges and provide clear, honest guidance throughout your legal journey.

By choosing a locally-focused practitioner, you benefit from my familiarity with Bentonville's legal community, including local judges and prosecutors. This insight enables me to anticipate possible challenges and prepare strategic counteractions, enhancing the likelihood of favorable results. The commitment to personal attention means that I am always accessible and responsive to your concerns, a promise to support you comprehensively through every stage of your case.

Contact Cody W. Dowden, Attorney at Law for a Free Consultation

Facing street racing charges in Bentonville can be daunting, but you don't have to navigate this challenge alone. At Cody W. Dowden, Attorney at Law, I offer a free consultation to discuss your case and explore your options without obligation. This initial conversation is an opportunity for you to gain clarity on your legal standing and the best path forward. By reaching out, you take the first step toward a thoughtful defense strategy that prioritizes your future. 

Call (479) 777-0640 or reach out online today and book a free consultation.