RACING ON A HIGHWAY

OVERVIEW

There are two statutes in the Motor Vehicle Code that makes it illegal to race on a highway. N.J.S.A. 39:4-52 makes it a motor vehicle offense to operate a vehicle on a highway for a wager or in a race or for the purpose of making a speed record. This violation is a disorderly persons offense. It is also a disorderly persons offense to arrange, manage, encourage, assist in, hold, or attempt to hold any such race or speed race even.

FINES AND COSTS

A driver who is convicted of N.J.S.A. 39:4-52 must pay a fine of not less than $27, nor more than $102 for a first offense.

For a second or subsequent offense of N.J.S.A. 39:4-52, the driver must pay a fine of not less than $102, nor more than $202.

SUSPENSION FOR RACING

In most racing cases the Municipal Court Judge will suspend a driver’s license for 30 days. A municipal court judge has the option of suspending the driver’s sentence for up to 2 years. The suspension period is left up to the discretion of the court. The key issue for the court to decide is whether the suspension was willful. Upon conviction of racing on the highway the driver will be assessed five points.