TITLE 31
Motor and Other vehicles
CHAPTER 31-27
Motor Vehicle Offenses
SECTION 31-27-22
§ 31-27-22 Street racing Justin
Nunes' Law.
This act shall be known and may be cited as "Justin Nunes' Law".
(a) For the purpose of this section, "street racing" means
the act of two (2) or more individuals competing or racing in a situation in
which one of the motor vehicles is beside or to the rear of a motor vehicle
operated by a competing driver and one driver attempts to prevent the competing
driver from passing or overtaking him or her, or one or more individuals
competing in a race against time.
(b) It shall be unlawful to engage in street racing on any
public road, street or highway of this state, whether or not there is a formal
agreement to race.
(1) Every person convicted of a first violation of this
section shall be guilty of a misdemeanor and be subject to imprisonment for not
more than one year, a fine of not less than five hundred dollars ($500) nor
more than one thousand dollars ($1,000) and be required to perform ten (10) to
sixty (60) hours of public community restitution. The person's license to
operate a motor vehicle shall be suspended for a period of not less than ninety
(90) days nor more than six (6) months.
(2) Every person convicted of a second violation within a
five (5) year period, shall be guilty of a felony and be subject to
imprisonment for not more than two (2) years, a fine of not less than one
thousand dollars ($1,000) and be required to perform sixty (60) to one hundred
(100) hours of public community restitution. The person's license to operate a
motor vehicle shall be suspended for no less than six (6) months nor more than
two (2) years.
(3) Every person convicted of a third (3rd) or subsequent
violation within a five (5) year period, shall be guilty of a felony and be
subject to imprisonment for not more than five (5) years, a fine of two
thousand five hundred dollars ($2,500) and required to perform not less than
one hundred (100) hours of public community restitution. The person's license
to operate a motor vehicle shall be suspended for no less than one year nor
more than five (5) years.
(c) Any person found in violation of subsection 31-27-22(b)
while having one or more passengers in their motor vehicle shall be subject to
imprisonment of not more than five (5) years, and a fine of not more than five
thousand dollars ($5,000) and be required to perform no more than one hundred
(100) hours of public community restitution. The person's license to operate a
motor vehicle shall be suspended for no less than one year. This enhanced
sentence is to be served in addition and consecutively to the sentence provided
for the underlying offense.
(d) If a person is found in violation of subsection
31-27-22(b) and the vehicle used in the violation is registered to that person
or where the registrant permits the use of the vehicle, the vehicle may be
impounded at the registered owner's expense for not less than one day or more
than thirty (30) days.
History of Section.
(P.L. 2007, ch. 121, § 1; P.L. 2007, ch. 193, § 1.)