Street Racing Lawyer In Orange, TX
Street racing is charged in Texas as racing on a highway under Transportation Code § 545.420. A first offense is a Class B misdemeanor, but the car is impounded at the scene and a conviction brings an automatic license suspension. This page covers the definitions, penalty levels, defenses and what to do after a racing arrest.
What Is Street Racing In Texas?
Texas has no statute titled street racing. The offense is racing on a highway under Transportation Code § 545.420, which covers a race, speed contest, drag race, endurance test or exhibition of speed or acceleration. A first offense is a Class B misdemeanor, the vehicle is impounded on arrest, and a conviction brings a one year license suspension.
Source: Texas Transportation Code Chapter 545, Operation and Movement of Vehicles
Understanding Texas Law
How Does Texas Law Define Street Racing?
Texas has no statute titled "street racing." The charge is racing on a highway under Transportation Code § 545.420, which makes it an offense to participate in any manner in any of these on a highway or road:
- A race
- A vehicle speed competition or contest
- A drag race or acceleration contest
- A test of the physical endurance of the operator
- An exhibition of vehicle speed or acceleration, or an attempt to make a speed record
What the state must prove beyond a reasonable doubt:
- The person participated in one of the listed activities
- It took place on a highway or road as the statute defines it
- For higher levels, a prior conviction, intoxication or open container, or an injury
The statutory definitions reach further than the word "race" suggests.
A "drag race" is two or more vehicles accelerating side by side in a competitive attempt to outdistance each other, or one or more vehicles over a common course to compare speed or acceleration over a set distance or time.
A "race" is the use of one or more vehicles to outgain or outdistance another vehicle, to keep another vehicle from passing, to reach a destination ahead of another vehicle, or to test an operator's endurance over a long route.
That means the state does not need a starting line or an agreement. Two drivers who speed up to keep each other from passing can fit the definition, and so can a single driver putting on an exhibition of acceleration.
Penalties And Consequences
What Are The Penalties For Street Racing In Texas?
Section 545.420 has five levels. The first three depend on the driver's record and condition. The top two depend on whether anyone was hurt, and are covered on the street racing with bodily injury page. These are statutory limits, not predictions.
Up to 180 days in jail and $2,000.
Under § 521.350.
- First offense
- Class B misdemeanor. Up to 180 days in county jail and a fine of up to $2,000.
- One prior, or intoxicated, or open container
- Class A misdemeanor. Up to one year in county jail and a fine of up to $4,000.
- Two priors
- State jail felony. 180 days to 2 years in a state jail and a fine of up to $10,000.
- Someone is injured
- Third degree felony for bodily injury. Second degree felony for serious bodily injury or death.
- Vehicle
- Impounded to a licensed storage facility at the owner's expense, unless seized as evidence.
- License
- Automatic one year suspension on conviction under Transportation Code § 521.350, plus at least 10 hours of community service.
Insurance cost and the criminal record can follow a conviction. Both are worth weighing when considering any plea.
Real Questions
What Do People Ask About Street Racing In Texas?
Is speeding next to another car racing?
Can I be charged for watching or helping?
Can a car meet or takeover lead to charges?
Will I get my car back?
Can I avoid the one year suspension?
Possible Defenses
How Can Street Racing Be Defended?
Speeding is not racing. An attorney reviews what the state can prove about a contest or exhibition, who participated and what the video shows. No result can be promised.
Interaction between the vehicles is the heart of the case.
Patrol and body camera video, radar or pacing records, and phone or social media video can show whether vehicles interacted. Officers' vantage points and how long they watched can be tested.
Constitutional issues include the stop, any search of the vehicle or phone and any statement.
A Contest Or Just Speed
Were the vehicles actually interacting, or just travelling near each other?
Officer's View
How long and from where did the officer observe the driving?
Video And Radar
What do patrol video and any radar or pacing record show?
Social Media
Do posts or phone video prove a contest, or something else?
Prior Convictions
Do any alleged priors qualify for a higher level?
The Impound
Was the vehicle properly impounded or held, and can it be released?
Local Process
What Happens After A Street Racing Arrest In Orange County?
The impound happens at the arrest, before any conviction. The one year suspension only follows a conviction.
Arrest And Impound
The driver is arrested, and the vehicle is towed to a licensed storage facility unless it is seized as evidence.
Bond And First Appearance
After booking, a magistrate sets bond, and the person is given a court date.
Discovery
The defense can ask for the state's evidence, including video, under art. 39.14.
Resolution
The case ends in dismissal, a plea, or trial. A felony level goes to a grand jury first.
- Where it is filed
- A misdemeanor racing case is filed in one of the Orange County Courts at Law. A felony case goes to 128th District Court, 163rd District Court, and 260th District Court.
- Who prosecutes
- The Orange County District and County Attorney's Office.
- Who makes the arrest
- Orange Police Department, Orange County Sheriff's Office, Texas DPS Highway Patrol, Vidor Police Department, Bridge City Police Department, Pinehurst Police Department, or West Orange Police Department.
- Where you are booked
- The Orange County Correctional Facility at 205 S Border Street.
If the arrest also involved alcohol, the intoxication element can raise the racing charge to a Class A and add a separate DWI case with its own ALR hearing deadline.
Next Steps
What Should You Do After A Street Racing Arrest?
These steps are general information, not advice for any one person.
Find Your Vehicle
Learn which storage facility holds it and what the fees are each day.
Do Not Delete Posts
Deleting can look worse. Talk to a lawyer about what is online.
Write Down What Happened
Record the road, other vehicles and what you saw.
Keep The Paperwork
Save the citation, bond, tow and storage papers.
Ask About Your License
Ask before pleading how a conviction affects your license.
Avoid Discussing It
Do not talk about the event with others or online.
Talk to a lawyer before deciding how to proceed. Mitchell Law Firm offers a confidential conversation about a racing charge in Orange County.
Official Texas Sources
Read The Law Behind This Page
- Texas Transportation Code Chapter 545: Racing on a highway, § 545.420
- Texas Transportation Code Chapter 521: License suspension, § 521.350
- Texas Penal Code Chapter 42: Obstructing a highway and reckless driving exhibitions, § 42.03
- Texas Penal Code Chapter 12: Punishment for misdemeanors and felonies
- Texas Code of Criminal Procedure Chapter 39: Discovery of the state's evidence
- Texas Department of Public Safety: Driver license suspension and reinstatement
Who Handles Your Case
The Texas Lawyer Who Speaks Science
Attorney Brennon Mitchell isn't just a seasoned Orange trial lawyer. He's one of the few in Texas, and the entire country, to earn the prestigious title of an ACS-CHAL Forensic Lawyer-Scientist. That means he's gone beyond the courtroom and into the laboratory, receiving in-depth, hands-on training in forensic chromatography, the same kind of testing used by crime labs to try and convict Texans every day.
What does that mean for you?
It means when the state uses blood alcohol or drug testing to try to prove its case, Mr. Mitchell knows how to challenge it. He's trained to:
- Analyze lab results and spot faulty science
- Cross-examine forensic experts with precision
- Break down complex chemical evidence in plain language for juries
This is not the kind of background you find in most criminal defense attorneys, and it could make the difference between a conviction and a clean slate.
Brennon graduated from Texas A&M University School of Law and practices from offices in Orange and Conroe.
Client Reviews
What Clients Say About Brennon Mitchell
Prior results do not guarantee a similar outcome. Every case is different and is decided on its own facts.
Related Traffic Charges
Other Criminal Traffic Charges In Orange, TX
Racing charges climb quickly once there is a prior, alcohol, or an injury. See the full Traffic Violations defense overview for Orange.
Evading Arrest
Running from an officer on foot is a misdemeanor. Doing it in a car or truck is a felony from the first offense.
Failure To Stop And Give Information
Leaving a collision that damaged a vehicle without exchanging information. A Class B misdemeanor once the damage reaches $200.
Failure To Stop And Render Aid
Leaving a collision where someone was hurt or killed. A felony when serious injury or death results, up to second degree for a death.
Reckless Driving
Driving with wilful or wanton disregard for safety. A jailable misdemeanor, not a ticket you can pay by mail.
Street Racing With Bodily Injury
When a race on a public road injures or kills someone, § 545.420 makes it a third or second degree felony.
Common Questions
Street Racing Questions People In Orange Ask
Is street racing a misdemeanor or a felony in Orange, TX?
Racing on a highway under Transportation Code § 545.420 starts as a Class B misdemeanor. It becomes a Class A misdemeanor with one prior racing conviction or if the driver was intoxicated or had an open container. Two priors make it a state jail felony, and an injury to another person makes it a third or second degree felony.
Will my car be impounded for street racing in Orange County?
Since September 1, 2023, § 545.420 directs a peace officer who arrests a person for racing on a highway to have the vehicle taken to a licensed vehicle storage facility, unless it is seized as evidence. The owner is responsible for the removal and storage fees and has to pay them before the vehicle is released.
Does a street racing conviction suspend your license in Orange, TX?
Transportation Code § 521.350 provides for an automatic one year license suspension on a conviction for racing on a highway. The convicting court must also order at least 10 hours of community service. Completing the community service before the year ends allows the person to apply to the Department of Public Safety for reinstatement.
What counts as a race under Texas law in Orange County?
Section 545.420 prohibits participating in any manner in a race, a speed competition or contest, a drag race or acceleration contest, a test of physical endurance of the operator, or an exhibition of speed or acceleration or an attempt to set a speed record. A race does not need a second car. One vehicle can be enough under parts of the definition.
Is a burnout or street takeover charged as racing in Orange, TX?
A burnout or donut in front of a gathered crowd can be charged under Penal Code § 42.03 as obstructing a highway while engaging in a reckless driving exhibition, which is a Class A misdemeanor. The same conduct can also be charged under § 545.420 when it amounts to an exhibition of speed or acceleration.
What if my car was impounded but I was not the driver in Orange, TX?
Storage fees run from the impound until the vehicle is collected, and the statute makes the owner responsible for removal and storage fees. An owner who was not driving can still face those costs. An attorney can look at whether the vehicle was held as evidence, how to get it released and whether any other remedy applies to the owner.
Mitchell Law Firm, PLLC
Your Freedom Is Our Fight
A racing charge puts your license, your car and your record in play at once. The sooner you call, the more options are still open.
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