James K. Minick

James K. Minick

Individuals who illegally race their vehicles in North Carolina face many repercussions for their actions. Along with the required punishments of misdemeanors, many individuals face the administrative issues of losing both their vehicles and their individual driving privileges for a certain length of time. The following crimes list out the required elements for each and offense and the punishments required upon conviction. The State must prove each element beyond a reasonable doubt in order to obtain a conviction.

Willful Racing

Elements

A person is guilty if they:

  1. Operate
  2. A motor vehicle
  3. On a street or highway
  4. Willfully
  5. In speed competition with another motor vehicle

Punishment

If a person is guilty of willful racing, then a person is guilty of a Class 2 misdemeanor under N.C. Gen. Stat. § 20-141.3(b).

An individual who is convicted of this crime also faces the potential of having their license suspended for up to one year under N.C. Gen. Stat. § 20-141.3(e).

Prearranged Racing

Elements

A person is guilty if they:

  1. Operate
  2. A motor vehicle
  3. On a street or highway
  4. Willfully
  5. In prearranged speed competition with another motor vehicle

Punishment

If a person is guilty of prearranged racing, a person is guilty of a Class 1 misdemeanor under N.C. Gen. Stat. § 20-141.3(a).

Additionally, vehicles that are used in this offense are typically seized by law enforcement and delivered to the local sheriff for sale. The vehicle can be returned if one of three conditions exists under N.C. Gen. Stat. § 20-141.3(g):

  1. If bond equal to double the value of the vehicle is posted;
  2. If the defendant is acquitted; or
  3. If the owner can prove that they did not know the vehicle was being used illegally

If the defendant is convicted, the vehicle will be sold by the sheriff in a public auction. The defendant’s licenses will also be revoked for three years under N.C. Gen. Stat. § 20-141.3(d).

Permitting Use of a Vehicle for Prearranged Racing

Elements

A person is guilty if they:

  1. Own a motor vehicle or have one under their control and
  2. Authorize or knowingly permit
  3. It to be operated in prearranged speed competition with another motor vehicle
  4. On a street, highway, or thoroughfare

To be guilty for this offense, a person must know that their vehicle is going to be used for racing. Also, the racing must be prearranged.

Punishment

If a person is guilty of permitting use of a vehicle for prearranged racing, then a person is guilty of a Class 1 misdemeanor under N.C. Gen. Stat. § 20-141.3(c).

If the defendant is convicted of this crime, their license will be revoked for three years under N.C. Gen. Stat. § 20-141.3(d).

Betting On a Prearranged Race

Elements

A person is guilty if they:

  1. Place or receive
  2. A bet
  3. On the outcome of a prearranged race
  4. Conducted on a street, highway, or thoroughfare

There are several things to note regarding the elements for the offense. First, the offense does not state that the prearranged race must be between motor vehicles. Secondly, the race must be prearranged in order to fulfill element three.

Punishment

If a person is guilty of betting on a prearranged race, then they are guilty of a Class 1 misdemeanor under N.C. Gen. Stat. § 20-141.3(c).

If the defendant is convicted, the defendant’s license will be revoked for three years under N.C. Gen. Stat. § 20-141.3(d).

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