Collin County Criminal Defense Attorney

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I’m Mark O’Bryan. I’ll be straight with you about your case, fight hard for you in court, and handle everything myself — no associates, no handoffs, no surprises.

Criminal Defense Since 2013
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Street Racing in Texas: Racing on a Highway Charges, Penalties, and License Suspension

It might have been a light that turned green next to a car that revved its engine. It might have been a few friends on an empty road late at night. Either way, the lights came on, you ended up in handcuffs, and now you’re facing a charge called “racing on a highway” in Collin County. Most people call it street racing — and it’s a much bigger deal than a speeding ticket.

Here’s how street racing charges work in Texas, what they can cost you, and how these cases usually play out in Collin County.

Street Racing Penalties in Texas

Class B Misdemeanor

First Offense

A first street racing charge with no injuries is a Class B misdemeanor, punishable by up to 180 days in county jail and a fine of up to $2,000.

Class A Misdemeanor

One Prior, Intoxication, or an Open Container

The charge becomes a Class A misdemeanor — up to one year in jail and a $4,000 fine — if the driver has one prior racing conviction, or was intoxicated or had an open container of alcohol at the time.

State Jail Felony

Two Prior Convictions

With two prior racing convictions, a new charge is a state jail felony, punishable by 180 days to 2 years in a state jail facility and a fine of up to $10,000.

Third or Second Degree Felony

Someone Is Hurt or Killed

If anyone suffers bodily injury as a result, it’s a third-degree felony — 2 to 10 years in prison. If someone suffers serious bodily injury or dies, it’s a second-degree felony — 2 to 20 years.

And that’s just the racing charge. A crash that seriously injures or kills someone can also bring separate charges like manslaughter, and racing while intoxicated can come with a DWI.

What Counts as Street Racing in Texas

Texas law makes it a crime to participate “in any manner” in a race, a vehicle speed competition or contest, a drag race or acceleration contest, or a test of a driver’s physical endurance on a public road. The law defines these broadly:

  • A race includes using one or more vehicles to outgain or outdistance another vehicle, to keep another vehicle from passing, or to get to a destination ahead of another vehicle.
  • A drag race includes two or more vehicles accelerating side by side from the same point, or one or more vehicles running the same course to compare speed or acceleration over a set distance or time.

Two things surprise people. First, speed alone isn’t racing — the State has to prove there was some kind of competition. Two cars that happened to be going fast at the same time aren’t automatically racing. Second, a race doesn’t always require two cars. One vehicle driven against the clock over a set course can count.

What Happens After a Street Racing Arrest

In my experience, officers in Collin County almost always arrest for street racing rather than writing a ticket. That means booking, a mugshot, and posting a bond before going home. The case is a criminal case from the start.

The car is a problem too. Texas law requires the officer to have a vehicle used in a race towed to a licensed storage facility — or held as evidence. The owner has to pay the towing and storage fees before getting it back, and storage fees add up every day the car sits there.

The One-Year License Suspension

This is the consequence that catches most people off guard. Unlike reckless driving, a street racing conviction automatically suspends your driver’s license — usually for one year. On top of that, the court has to order at least 10 hours of community service.

There are two important pieces of good news:

  • An occupational license may still be available. A person whose license is suspended for racing remains eligible for an occupational driver’s license to drive for work, school, and essential household duties. For drivers under 18, it’s limited to driving between home and school.
  • Deferred adjudication usually avoids it. The automatic suspension is triggered by a conviction. In my experience, a case that ends in deferred adjudication usually avoids that trigger — which is one of the biggest reasons the way a racing case ends matters so much.

Street Takeovers and Burnout Exhibitions

In recent years, Texas has added laws aimed at “street takeovers” — crowds gathering to watch drivers do donuts and burnouts in an intersection or on a public street. These are charged a little differently than racing:

  • Obstructing a highway with a “reckless driving exhibition.” Breaking the rear tires loose, spinning them, and steering the car to rotate it — in front of two or more people gathered to watch — turns an obstruction charge into a Class A misdemeanor. With a prior conviction, intoxication, or an injury, it becomes a state jail felony.
  • The car can be forfeited. A vehicle used in one of these exhibitions can be seized and forfeited — not just towed.
  • Organized criminal activity. Both street racing and these exhibitions can now support a charge of engaging in organized criminal activity when three or more people are working together, which raises the punishment by a level.
  • Getting in the way of police. Using a car, a barricade, or your body to interfere with an officer investigating a race or exhibition is its own separate offense.

How Street Racing Cases End in Collin County

There’s no single answer here. In my experience, every possible outcome is on the table in a Collin County racing case — and which one is realistic depends on the facts:

  • A dismissal, when the evidence of a race just isn’t there. A dismissed case can usually be cleared from your record through an expunction.
  • A reduction to a lesser offense, such as reckless driving, which doesn’t carry the automatic license suspension.
  • Deferred adjudication, which involves a plea but avoids a final conviction if it’s completed — and usually avoids the license suspension.

What moves a case toward one outcome or another is usually what the evidence actually shows — and in these cases, that evidence is often on video.

Street Racing vs. Reckless Driving

The two charges often come from the same kind of driving, but they’re not the same. Reckless driving is about driving in wilful or wanton disregard for the safety of others, and it’s capped at 30 days in jail and a $200 fine. Racing is about competition — and it carries a higher punishment range, possible felony charges, a towed car, and an automatic license suspension on conviction. That’s why getting a racing charge reduced to reckless driving can make a real difference.

How I Handle a Street Racing Case

Most racing cases come down to one question: was there actually a race?

  • The video. I get every recording I can — dash cam, body cam, drone footage, and any surveillance or phone video — and compare it to what the officer says happened. Two cars accelerating from the same light isn’t automatically a race.
  • The competition element. The State has to prove a competition, not just speed. I look closely at whether the evidence actually shows two drivers racing each other — or just two drivers who happened to be driving fast.
  • The stop and the arrest. I look at whether the officer had a legal reason to stop the car, and whether everything that followed was done properly.
  • The license. Because a conviction means an automatic suspension, I factor the license into every decision about how to resolve the case.
  • The outcome. I’ll tell you straight what I see in your case and what your realistic options are.

Frequently Asked Questions About Street Racing in Texas

Is street racing a felony in Texas?

Usually not on a first offense. A first street racing charge with no injuries is a Class B misdemeanor. It becomes a state jail felony with two prior racing convictions, a third-degree felony if anyone is injured, and a second-degree felony if someone is seriously injured or killed.

What is the punishment for a first street racing offense in Texas?

A first offense with no injuries is a Class B misdemeanor, punishable by up to 180 days in county jail and a fine of up to $2,000. A conviction also comes with an automatic driver’s license suspension, usually for one year, and at least 10 hours of community service.

Will I lose my license for street racing in Texas?

A street racing conviction automatically suspends your driver’s license, usually for one year. In my experience, a case that ends in deferred adjudication usually avoids the suspension, because the suspension is triggered by a conviction.

Can I get an occupational license after a racing suspension?

Yes. A person whose license is suspended for racing remains eligible for an occupational driver’s license. For drivers under 18, the occupational license is limited to driving between home and school.

Is doing donuts or burnouts illegal in Texas?

It can be. Breaking the rear tires loose, spinning them, and rotating the car on a road in front of two or more people gathered to watch is a “reckless driving exhibition,” which turns an obstruction charge into a Class A misdemeanor — or a state jail felony in some cases — and the car can be forfeited.

Can a street racing charge be reduced or dismissed?

Yes, depending on the facts. In Collin County, racing cases can end in a dismissal, a reduction to a lesser offense like reckless driving, or deferred adjudication. The evidence — especially the video — usually decides which of those is realistic.

Serving All of Collin County

I defend clients throughout Collin County, including:

Plano Frisco McKinney Allen Prosper Celina Wylie Murphy Fairview Sachse Anna Melissa Princeton Lucas Farmersville

Arrested for Street Racing in Collin County?

A street racing arrest can cost you your license for a year — and the outcome often turns on what the video really shows. I handle every case myself, and I’ll tell you straight where you stand. The consultation is free, and I personally read and respond to every message, usually within a few hours.

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