Racing on highways in Nebraska is a serious legal offense. If you are convicted, you could face costly penalties, such as a fine, possible jail time, and a tarnished driving record.
Below, we’ll go over what Nebraska considers illegal, potential defenses to street racing charges, and how a criminal defense lawyer can help you avoid a conviction.
Omaha Attorney for Street Racing
Being arrested for street racing can result in heavy fines, jail time or even the loss of your vehicle, which is why it’s important to speak with an attorney before talking to the police.
The skilled team at Liberty Law Group is ready to build your defense against all traffic crimes including street racing.
Contact an attorney today for a free consultation by filling out our online form or calling our office at (402) 865-0501.
Our firm proudly serves the communities of Omaha in Douglas County, Lincoln in Lancaster County, Papillion in Sarpy County, and across the neighboring counties of Dodge, Cass, Washington, Saunders, and throughout Eastern Nebraska.
We also represent those charged in Iowa including the communities of Council Bluffs in Pottawattamie County, Iowa, and surrounding areas.
Information Center
- What is Racing on Highways?
- Penalties for Street Racing
- Non-Jail Alternatives
- Defenses to Street Racing Charges
- Role of a Traffic Violation Lawyer in Street Racing Cases
- Frequently Asked Questions
- Additional Resources
- Hire an Attorney for Street Racing in Omaha, Nebraska
What is Racing on Highways?
Racing on highways, as defined by Nebraska Revised Statute 60-6,195, refers to operating a vehicle in a competitive manner on public roads. This law covers multiple forms of competitive driving that put participants and other road users at risk. The law defines racing as:
- Speed Contests: Engaging in races to determine who can travel faster.
- Drag Racing: Racing side by side with another vehicle, aiming to reach a finish point first.
- Acceleration Contests: Competing to see who can accelerate faster within a set distance.
- Endurance Tests: Competing over long distances to test the durability of vehicles and drivers.
- Exhibition of Speed or Acceleration: Public demonstrations to showcase a vehicle’s speed or acceleration.
- Speed Record Attempts: Trying to establish a record for fastest speed in a particular course or distance.
Evidence can include eyewitness testimony, video footage, or other records showing competitive driving.
Penalties for Street Racing
| Classification | Penalties |
| Class II Misdemeanor | Up to 6 months in jail, and/or a fine up to $1,000 |
Non-Jail Alternatives
- Probation: Instead of jail time, an individual may be placed under probation with conditions.
- Fines: The defendant may be required to pay a higher fine to avoid jail time.
- License Suspension: The court could order the suspension of the defendant’s driver’s license, restricting their ability to drive for a specific period.
- Community Service: A certain number of community service hours could be ordered.
- Traffic School: This involves education programs to improve driving habits.
Defenses to Street Racing Charges
- Questioning Evidence: The accuracy and reliability of the evidence, such as radar readings, video footage, or eyewitness testimonies, can be challenged.
- Disputing Definitions: If the actions of the accused do not meet the legal definition of racing or drag racing, they may argue that they were speeding but not engaging in a competitive manner.
- Lack of Intent: A valid defense may involve proving that there was no competitive intent. For instance, speeding without the intent to race another vehicle could lead to a lesser charge.
- Necessity Defense: If the accused was racing to avoid a greater danger, such as fleeing from a hazardous situation or responding to a medical emergency, they may argue that their actions were necessary.
- Mistaken Identity: In cases where there are multiple vehicles involved, the defendant could argue that law enforcement mistakenly identified their vehicle as being involved in street racing.
- Mechanical Failure: The defendant could argue that mechanical issues, such as a stuck accelerator or brake malfunction, caused their vehicle to behave in a way that appeared to be racing.
Role of a Traffic Violation Lawyer in Street Racing Cases
- Review Evidence: Your traffic ticket lawyer will analyze all evidence presented, looking for weaknesses in the prosecution’s case, such as flawed radar readings or unreliable witness accounts.
- Challenge Charges: Your lawyer can argue that your actions did not meet the legal definition of racing, potentially reducing or dismissing charges.
- Negotiate Penalties: They can work with the prosecution to negotiate alternative penalties such as probation, traffic school, or community service.
- Represent in Court: They will represent you in court, guiding you through the legal process and ensuring your rights are protected throughout the case.
Frequently Asked Questions
What is racing on highways in Nebraska?
Racing on highways involves operating a vehicle competitively on public roads, according to Nebraska Revised Statute 60-6,195.
What are the penalties for street racing in Nebraska?
Street racing is a Class II misdemeanor, punishable by up to six months in jail and/or a fine of $1,000.
What counts as drag racing in Nebraska?
Drag racing involves two or more vehicles accelerating side by side from a specific start point to a finish point.
What evidence can be used to prove racing charges?
Prosecutors may use eyewitness testimony, video footage, or radar data to prove competitive driving took place.
What defenses can be used in a street racing case?
Some defenses include challenging evidence, disputing racing intent, or arguing that the actions did not meet racing definitions.
What is considered competitive driving under Nebraska law?
Competitive driving includes speeding, blocking vehicles from passing, or trying to outdistance another vehicle.
How can a lawyer help with street racing charges?
A lawyer guides the legal process, challenges evidence, negotiates with prosecutors, and aims for reduced penalties.
What happens to my driver’s license after a racing conviction?
Convictions can lead to license suspensions or revocations, depending on the severity of the offense.
Is speeding without competing considered racing?
No, speeding without the intent to compete generally does not qualify as street racing under Nebraska law.
Additional Resources
Nebraska Street Racing Law
Nebraska’s street racing law prohibits any form of race or speed competition on highways. It defines street racing and drag racing, explaining conditions under which drivers might be participating in these illegal activities.
Risky Driving
The National Highway Traffic Safety Administration (NHTSA) focuses on reducing risky driving behaviors on U.S. roads, which include drunk driving, drug-impaired driving, distracted driving, speeding, and drowsy driving. The resource offers advice on how to avoid risky driving.
License Suspensions, Revocations, Impoundments and Confiscations
This resource from the Nebraska Department of Motor Vehicles explains different penalties such as license suspensions, revocations, and vehicle impoundments. The resource also covers the processes involved in reinstating a license or contesting a suspension or revocation.
Hire an Attorney for Street Racing in Omaha, Nebraska
The skilled team at Liberty Law Group is ready to build your defense against all vehicle crimes including street racing.
Contact an attorney today for a free consultation by filling out our online form or calling our office at (402) 865-0501.
Our firm proudly serves the communities of Omaha in Douglas County, Lincoln in Lancaster County, Papillion in Sarpy County, and across the neighboring counties of Dodge, Cass, Washington, Saunders, and throughout Eastern Nebraska.
We also represent those charged in Iowa including the communities of Council Bluffs in Pottawattamie County, Iowa, and surrounding areas.
