Since the COVID-19 pandemic, aggressive driving and street racing—also known as street exhibitions—have become more commonplace because of drastic changes in driving behaviors, according to the National Highway and Traffic Safety Administration.
In response to several years of escalating aggressive driving behaviors—post-pandemic traffic fatalities are still exceptionally high—states have taken legislative action to address street exhibitions and aggressive driving, increase penalties and expand the scope of previous legislation.
Street Exhibitions
Street exhibitions are a particularly dangerous form of aggressive driving. Street exhibitions, including such things as street racing, speed demonstrations, burnouts, doughnuts, drifting and street takeovers, have become an ongoing issue across the nation. In street exhibitions, roadways, parking lots, highways and neighborhoods serve as impromptu arenas for this type of aggressive driving.
Since 2020, 15 states—Alabama, Arkansas, Arizona, California, Connecticut, Delaware, Florida, Georgia, Maryland, Nevada, Oregon, Tennessee, Texas, Utah and Washington—have enacted a range of legislative measures targeting street exhibitions. These include:
- Expanding the definitions of types of street exhibitions and addressing participants beyond the driver.
- Impounding vehicles used in street exhibitions.
- Enhancing penalties for street exhibitions.
Arkansas (SB 247, 2021) defined street exhibitions to include drag races involving 10 or more people engaging in racing that impede regular vehicle traffic. California (AB 3, 2021), defined events with two or more spectators that impede traffic and involve stunts and other high-speed activities as “sideshows,” a form of street exhibitions.
Street exhibitions involve significant coordination by organizers and facilitators. To address the multifaceted ways people are involved in street exhibitions, Texas (HB 1442, 2023) included committing highway or passageway obstruction by engaging in reckless driving exhibition as an offense of street exhibition. Organizing an event is now punishable under the same statutes as organized criminal activity. Similarly, Oregon (SB 615, 2023) clarified that anyone who obstructs a highway, for example by placing a barricade on a roadway, is guilty of facilitating a street takeover.
Washington (SB 5606, 2023) established that anyone who abets any street exhibition on public highways or off-street facilities is considered an accomplice, regardless of whether they are physically present when it occurs. In Connecticut, (SB 904, 2023) any individual who encourages, promotes, facilitates or aids in the performance of a street takeover, such as acting as a judge or timekeeper, can be fined up to $1,000 and/or imprisoned for up to six months. Georgia (HB 534) made promoting or helping organize any illegal drag racing or street exhibition an aggravated misdemeanor.
Pedestrians and drivers are at risk of being hit by a vehicle if they are unexpectedly caught in the middle of a street exhibition.
To ensure driver accountability, Alabama (HB 29, 2023) increased penalties for injuries during street exhibitions. A crash that results in severe injury to someone other than the driver results in a two-year license suspension and a Class C felony. If a person other than the driver is killed during an exhibition, the driver is guilty of a Class B felony with a license suspension exceeding two years.
The registered owner of the motor vehicle involved in a street exhibition also plays a critical role in these incidents. Under several new laws, registered owners are likely to have their vehicles impounded, regardless of whether they were driving. Alabama (HB 29, 2023) prohibited all forms of street exhibitions and sideshows, and motor vehicles used in them are liable to be impounded. The registered owner of the vehicle is responsible for all related expenses associated with the impoundment of their vehicle. Arizona (SB 1533, 2021) set penalties for drag racing at $1,000. Additionally, the law allows officers to impound and immobilize vehicles used in street exhibitions.
Nevada (AB 408, 2023) also authorized law enforcement officers to impound vehicles when a person is cited for reckless driving in street exhibitions. Texas (HB 2889, 2023) permitted the impoundment of vehicles used in street racing and designated that the registered owner of the vehicle is responsible for paying for its impoundment fees. Texas (HB 1442, 2023) added street racing as a type of organized criminal activity. This classification allows safety enforcement officers to seize any property that is used or intended to be used in street exhibitions. Washington (SB 5606, 2023) also enacted legislation that allows motor vehicles used in street exhibitions to be impounded.
Given the prevalence of street racing in highly populated areas, Alabama (HB 107, 2023) permitted peace officers in Jefferson County, which includes Birmingham, to use recorded footage from existing automated enforcement systems to detect and record street exhibition violations. Traffic enforcement officers who observe a street exhibition violation through the automated enforcement system, have the authority to order the towing and impoundment of vehicles involved and issue a citation. The registered owner is responsible for all related expenses if they are convicted.
Aggressive Driving
According to AAA’s 2022 Traffic Safety Culture Survey, 88% of respondents said they perceived aggressive driving behaviors as extremely or very dangerous. NHTSA reported that speeding contributed to 29% of all traffic fatalities in 2021, resulting in the deaths of 12,330 individuals in speeding related crashes.
NHTSA mentions that “violations that encroach on others’ safe space, such as driving much faster than prevailing speeds, following too closely, making unsafe lane changes, and running red lights, either on one occasion or over a period of time, may indicate a pattern of aggressive driving.” To address aggressive driving, seven states—Arkansas, Arizona, Nevada, New York, Tennessee, Virginia and Wisconsin—have enacted aggressive driving-related legislation since 2020 that either enhanced existing penalties for aggressive driving, outlined additional penalties or both.
Wisconsin (AB 55, 2023) increased the penalty range for aggressive drivers if a crash results in bodily harm to a person other than the motorist. The new law also increased jail and/or prison time for aggressive driving offenders. Tennessee (SB 1673, 2022) and Virginia (SB 63 and SB 437, 2020) also enhanced penalties for aggressive driving, imposing additional fines and penalties for crashes resulting in bodily harm to others.
Arizona (SB 1832, 2021) adjusted its penalties for aggressive driving offenses by requiring motorists convicted of aggressive driving to take eight hours of traffic safety courses. The new law allows a person convicted of aggressive driving to apply for a restricted license after a 45-day suspension that allows driving to essential places, such as work, school or court appointments.