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Caught Street Racing? Not Guilty.

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On many occasions we have defended drivers and riders charged with street racing. Interestingly we often find the charge is based on subjective elements that Police say they observe, like the revving of engines, and the riders or drivers apparently looking at one another. The reality of the cases we’ve defended, have resulted from innocuous facts contrary to what you may have seen on TV and movies, and therefore when we challenge and press the magistrate to objectively consider the evidence there is little to support the charge.

Pleading not guilty to your street racing charge

The legislation governing the range of offences are essentially contained in s115 Road Transport Act 2013, which states:
115 Races, attempts on speed records and other speed trials
(cf STM Act, s 40)
(1) A person must not organise, promote or take part in:

  • (a) any race between vehicles on a road, or
  • (b) any attempt to break any vehicle speed record on a road, or
  • (c) any trial of the speed of a vehicle on a road […]

Maximum penalty: 30 penalty units (in the case of a first offence) or 30 penalty units or imprisonment for 9 months or both (in the case of a second or subsequent offence) […]
(4) If a person is convicted by a court of an offence against this section in relation to a motor vehicle or trailer:

  • (a) except as provided by paragraph (b)—the person is disqualified from holding a driver licence by the conviction and without any specific order of a court for 12 months, or
  • (b) if the court at the time of the conviction thinks fit to order a shorter or a longer period of disqualification—the person is disqualified from holding a driver licence for the period specified in the order.

(5) Any disqualification under this section is in addition to any penalty imposed for the offence.

 

Case Study

A defended hearing was run for John an avid lover of everything Honda. He had an Integra type R and had just bought himself a Honda road bike. As you do, he wanted to do a photo shoot at a scenic location. Accordingly he rode the bike and had a friend drive the car. He was driving on a single lane road with the car following him. They came up to a round about, he rode through and the car, which had fallen behind a little bit accelerated to catch up to him. As the car proceeded through the round-about the Highway patrol vehicle approached the roundabout from the left. To everyone’s surprise he pulled over the car and asked the driver to call the bike rider who was a little bit ahead to come back.

On return he charged them both with street racing and impounded his vehicles. On the In-Car Video footage when the client denied any knowledge of what had happened the police officer said save it for the magistrate, and that he had never lost a case.

In cross-examination the officer conceded that it was a single lane each way and that the car was proceeding through the roundabout some distance behind the bike. He also conceded that the bike rider may not have been aware of the actions of the car following. Accordingly it was argued before the magistrate that the rider could not be considered to be racing especially being unaware of the actions of the vehicle behind. The Magistrate was told of an example that if he and his wife were driving two cars to take one to a mechanic and she was unaware of the location and was following him if she accelerates unbeknownst to him to keep up, how is that a street race? He agreed and dismissed the case.

Case Study

A group of bikes were out on a road trip. They stopped at a set of lights. The bikes left the set of lights. Some of the pack accelerated away. The defendant charged, had accelerated normally but for a few feet was in front of the others, before being passed. Police pulled him over and charged him with street racing. The ICV showed exactly what had happened, and that he was passed by all the other bikes even before they had got through the intersection. The police however who were a number of car lengths behind the bike with a number of cars in between them stated they formed the opinion that it was a street race because the bikes were revving but with 5 or 6 bikes there, they could not be certain that it was this particular bike. Also they tried to say that because the defendant had looked at the rider next to him it was an indication that they wanted to race. Firstly the distance they were at, seeing someone look at someone else was suspect, but more importantly it is not unusual for a rider to look or even speak to another rider next to him especially in the context of a road trip. It definitely does not infer that you are street racing. The charge was defended and the prosecution withdrew that charge at hearing.

We’ve also come across a number of cases where two vehicles are travelling side by side along a multi-lane road or leaving a set of lights and just because they might be travelling side by side does not mean there is a street race. Accordingly police may pad it up with the revving of engines, drivers looking at each other, and acceleration, to bolster the argument of a street race. Stay safe, be weary of these things, and know your rights.

Shape

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If you have a similar matter as the one discussed in this article, contact our law firm today and speak to an expert solicitor near you.

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Cynthia Bachour-Choucair
Cynthia Bachour-Choucair is a Principal Solicitor with Jameson Law. She is an expert Personal Injury Lawyer with a true passion for the law. She heads the Personal Injury department overseeing all Motor Vehicle Accident, Abuse Claim, Victims Compensation, Workers Compensation, Medical Negligence, and Superannuation TPD & Income Protection Claim Matters. She also practices in Immigration, Family Law and General Litigation. She is most known for her comprehensive undisputable representations and case-winning submissions.

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