Criminal Defense Lawyer & Former Nashville Prosecutor Kevin Kennedy. 615-205-7311. Call or text for a free consultation.
A drag racing charge in Tennessee is not simply a speeding ticket or an ordinary traffic citation. Tennessee law makes drag racing a felony offense, which means a conviction can expose a person to criminal penalties, loss of driving privileges, and potential seizure and forfeiture of the vehicle involved. If you have been accused of drag racing in Nashville or Davidson County, the facts surrounding the stop, the officers’ observations, available video, and what the State can actually prove under Tennessee’s statutory definition can all matter.
Kevin Kennedy is a Nashville criminal defense lawyer and former prosecutor who represents people charged with serious driving and criminal offenses. Call or text 615-205-7311 for a free consultation.
Is Drag Racing a Felony in Tennessee?
Yes. Under Tennessee Code Annotated § 55-10-502, drag racing is a Class E felony. A Class E felony generally carries a possible sentence of one to six years and a fine of up to $3,000.
Tennessee’s drag racing statute applies to conduct on public highways and also reaches certain premises generally frequented by the public unless the premises are properly licensed for racing. Because the offense is a felony, an arrest can have consequences far beyond the traffic citation people may expect from an allegation involving excessive speed.
What Counts as Drag Racing Under Tennessee Law?
Tennessee Code Annotated § 55-10-501 defines drag racing more broadly than two cars simply lining up for a traditional race. Depending on the facts, the statutory definition can include using a motor vehicle for the purpose of determining maximum speed, determining the highest speed over a particular distance or time, comparing relative speeds or acceleration abilities, attempting to outgain or outdistance another vehicle, attempting to arrive at a destination at the same time as or before another vehicle, or accepting or carrying out a challenge involving the performance abilities of one or more vehicles.
That broad definition does not mean that every allegation of fast driving is automatically drag racing. The State still has to prove the charged offense. In a contested case, an important question can be what evidence actually establishes that the vehicle was being operated for one of the purposes covered by the statute rather than merely being driven at an allegedly excessive speed.
Penalties for Drag Racing in Tennessee
Because drag racing is a Class E felony, the criminal case can carry potential incarceration, a fine, and the collateral consequences associated with a felony conviction. Tennessee law also imposes consequences involving driving privileges.
Under Tennessee Code Annotated § 55-10-503, a first drag racing conviction results in a one-year driver-license revocation. Tennessee law provides limited circumstances in which a restricted license may be available. A second drag racing conviction within ten years can result in permanent revocation of driving privileges.
When an alleged race results in injury or death, the potential charges become substantially more serious. Tennessee law contains separate provisions addressing serious bodily injury resulting from drag racing, and drag racing can also serve as a basis for vehicular homicide when the statutory requirements are met.
Can Tennessee Seize Your Car for Drag Racing?
Yes. Tennessee law provides for seizure and forfeiture of a motor vehicle used to commit drag racing or to flee after the offense upon conviction, subject to the applicable forfeiture procedures.
The vehicle issue can therefore be a significant part of a drag racing case. Ownership, use of the vehicle, the circumstances of the alleged offense, and the procedural requirements governing seizure and forfeiture may all need to be examined based on the particular case.
Defenses to a Nashville Drag Racing Charge
A drag racing case is highly dependent on its facts. Potential defense issues may include whether the conduct actually falls within Tennessee’s statutory definition of drag racing, whether the State can prove the purpose for which the vehicle was being operated, and whether the evidence establishes a race or performance challenge rather than simply fast driving.
Identification can also matter. Police must be able to connect the accused person to the conduct charged. Depending on the case, relevant evidence may include officer observations, the officer’s location and vantage point, dash-camera or body-camera footage, surveillance footage, cell-phone or other video, witness testimony, vehicle identification, and statements allegedly made by a driver or passenger.
The manner in which speed or acceleration was observed can also be important. A defense investigation may examine whether an officer personally observed the alleged race, how long the officer observed the vehicles, the distance involved, whether the vehicles were actually interacting with one another, and whether any speed measurement was obtained.
Other issues can include whether statements were lawfully obtained, whether a traffic stop or detention was supported by the required legal basis, and whether the location where the alleged conduct occurred falls within the statute. No single defense applies to every case, and the available defenses depend on the evidence.
Does Driving Fast Automatically Mean You Were Drag Racing?
No. Speed can be evidence in a case, but the drag racing statute describes particular purposes and conduct. An allegation that two vehicles were speeding, accelerating, or traveling near one another does not eliminate the State’s burden to prove the elements of drag racing beyond a reasonable doubt.
For example, video may show whether the vehicles accelerated together, whether one vehicle appeared to respond to the other, how long the alleged conduct lasted, and whether the surrounding circumstances support or undermine the prosecution’s theory. The complete recording can sometimes provide a different picture than a short description in an arrest report.
Drag Racing and Other Related Charges
The precise charges arising from an alleged street race depend on the conduct and the consequences. Prosecutors may consider other Tennessee offenses when supported by the facts, including reckless endangerment, vehicular assault, or vehicular homicide. An accident, injury, death, alleged intoxication, or other circumstances can materially change the exposure in a particular case.
A defense lawyer should evaluate each charged offense separately rather than assume that proof of one driving allegation automatically establishes every related charge.
Why Hire a Former Prosecutor for a Drag Racing Case?
Kevin Kennedy previously served as a prosecutor in Davidson County before becoming a criminal defense attorney. That experience included evaluating criminal cases, negotiating pleas, and trying cases in court. As a defense lawyer, he uses that background to examine how the State is likely to develop its evidence and where the prosecution’s proof may be challenged.
A drag racing case can involve much more than the speed of a vehicle. The statutory definition, officer testimony, video evidence, witness accounts, vehicle evidence, statements, and the circumstances leading to the stop or arrest may all be important. The goal is to evaluate the evidence carefully and determine the defense strategy appropriate to the individual case.
Frequently Asked Questions About Tennessee Drag Racing Charges
Is drag racing a felony in Tennessee?
Yes. Tennessee law classifies drag racing as a Class E felony.
Do police have to catch two cars side by side?
Not necessarily. Tennessee's statutory definition is broader than the traditional image of two vehicles racing side by side. Whether particular conduct qualifies depends on the evidence and whether the State can prove the statutory elements.
Can I be charged with drag racing if I was only driving fast?
A person can be accused based on an officer's interpretation of what occurred, but excessive speed alone does not remove the State's obligation to prove the elements of drag racing. The specific facts and evidence should be examined carefully.
Can Tennessee take my car after a drag racing charge?
Tennessee law provides for seizure and forfeiture of a vehicle used to commit drag racing or flee afterward upon conviction, subject to applicable forfeiture law and procedures.
Will I lose my driver license if convicted?
A first drag racing conviction carries a one-year license revocation under Tennessee law. Restricted driving privileges may be available in limited circumstances. A second conviction within ten years can result in permanent revocation.
What if someone was seriously injured?
A drag racing incident involving serious bodily injury can expose a person to additional or enhanced felony consequences under Tennessee law. The precise charges and potential penalties depend on the facts and should be evaluated individually.
What if someone died in an alleged drag race?
Tennessee's vehicular homicide statute includes a death proximately resulting from drag racing as a potential basis for a vehicular homicide prosecution. These cases carry substantially greater potential consequences and require careful review of causation and the State's evidence.
Talk to a Nashville Drag Racing Lawyer
If you have been arrested or charged with drag racing in Nashville, a felony case can affect your freedom, your driver license, your vehicle, and your future. Early review of police reports, video, witness evidence, and the circumstances of the stop can be important.