The racing statutes are another more serious variation on reckless
driving and include §46.2-865 thru §46.2-867. The seriousness of
these offenses is enhanced by the statutory penalties. For instance, while typically a judge may suspend an individual’s license for
up to six months for a conviction of reckless driving by speed or the general
provision, under the racing statute, the judge must suspend a license for six months. The judge, under §46.2-865, may suspend the driver’s license for up
to two years.
A conviction under this statute must show proof beyond reasonable
doubt that two or more individuals were in fact, engaged in a
race. Typically, an officer will seek to
establish this element by getting the driver to admit involvement in a race. Such a statement is admissible in court
against the driver. If there are no admissions made
by the driver, then the court must hear testimony of observations suggesting a
race. As with other reckless driving sections, the key to success is challenging witness observations and the prosecution's prima facia case.
§ 46.2-865.1 Injuring another or causing the death of another while
engaging in a race; penalties
A. Any person who, while engaging in a race in violation of §46.2-865 in a manner so gross, wanton and culpable as to show a
reckless disregard for human life:
1. Causes serious bodily injury to another person who is not involved in the
violation of §46.2-865 is guilty of a Class 6 felony; or
2. Causes the death of another person is guilty of a felony punishable by a
term of imprisonment of not less than one nor more than 20 years, one year of which shall be a mandatory minimum term of
imprisonment.
B. Upon conviction, the court shall suspend the driver's license of such
person for a period of not less than one year nor more than three years, and
shall order the surrender of the license to be disposed of in accordance with
the provisions of §46.2-398.
This provision of the racing statutes enhances the penalty for individuals that cause serious bodily harm or death during a race. Thus, the penalty enhancement for an individual convicted of racing which causes serious bodily injury to another is a Class 6 felony which includes a term of imprisonment for up to 5 years or 12 months in jail at a jurys option and a fine of up to $2,500, either or both. The enhancement becomes more severe if the racing results in a fatality where the punishment becomes an unclassified felony with a minimum prison term of 1 year and a maximum potential of 20 years.
If the owner of a motor vehicle (i) is
convicted of racing such vehicle in a prearranged, organized, and planned speed
competition in violation of § 46.2-865, (ii) is present in the vehicle which is
being operated by another in violation of § 46.2-865, and knowingly consents to
the racing, or (iii) is convicted of a violation of § 46.2-865.1, the vehicle
shall be seized and disposed of in the manner provided in §§ 4.1-339 through
4.1-348 for seizure and forfeiture of conveyances or vehicles used in the
illegal transportation of alcoholic beverages. Such sections shall apply
mutatis mutandis. The penalties imposed by these sections are in addition to
any other penalty imposed by law.
Finally, among the penalties already outlined under these statutes, an individual who is convicted of racing can have his vehicle confiscated by the Commonwealth. This penalty also applies if the vehicle owner is a passenger during a race conducted with the owner's consent. The forfeiture of the vehicle to the Commonwealth under §§ 4.1-339 through
4.1-348 can result in the sale of the vehicle, although specific procedures may be followed to help prevent this from happening.
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