Section 3367 of the Vehicle Code provided that:
No person shall drive a vehicle on a highway in any race, speed competition or contest, drag race or acceleration contest, test of physical endurance, exhibition of speed or acceleration, or for the purpose of making a speed record, and no person shall in any manner participate in any such race, competition, contest, test or exhibition.
The term “Drag race” is defined as the operation of two or more vehicles from a point side by side at accelerating speeds in a competitive attempt to outdistance each other, or the operation of one or more vehicles over a common selected course, from the same point to the same point, for the purpose of comparing the relative speeds or power of acceleration of the vehicle or vehicles within a certain distance or time limit.
The term “Race” is defined as the use of one or more vehicles in an attempt to outgain, outdistance or prevent another vehicle from passing, to arrive at a given destination ahead of another vehicle or vehicles, or to test the physical stamina or endurance of drivers over long distance driving routes.
Racing on highways is a summary offense with a fine fixed at $200 plus court costs.
An offender faces a six (6) month license suspension for violating section 3367. 75 Pa.C.S. § 1532(b)(1).
An Occupational Limited License (OLL) is a provisional license that permits a suspended driver to operate a vehicle for the purposes of occupation, work, trade, treatment or study. 75 Pa.C.S. § 1553(b)(1).
Pursuant to 75 Pa.C.S. § 1553(d)(11), a driver suspended due to a racing on the highways is not eligible for an OLL.
Therefore, upon conviction, there is no exception to the 6-month suspension.
If you or someone you know has been cited with racing on the highways, Lampman Law can help. We are in Pennsylvania magistrate and trial courts daily and we frequently represent good people charged with violating section 3367 and other serious Vehicle Code offenses that carry drivers license suspensions. While every case is different, we frequently resolve these cases without an additional license suspension.
Once a racing on highways citation is served, it is important to act fast. It is best to contact a criminal defense lawyer that understands the Vehicle Code and license suspension issues. It is also important to plead NOT GUILTY and to timely respond to the citation. Once the magistrate court receives the not guilty plea, they will schedule a summary trial.
Most importantly, it is essential for you to understand that by pleading guilty to section 3367, your driver’s license will be suspended for 6 months. Nothing on the citation will provide notice of the suspension; however, you are presumed to know the law and its consequences.
Lampman Law is eager to defend your section 3367 case and we are confident that we will help you resolve the citation in a positive manner. If you decide to hire us we will carefully listen to your side of the story, answer your calls, return calls promptly, and will handle all aspects of your case with careful attention to every detail.
Please contact Lampman Law at 570-371-3737 if you have any questions. We offer a free consultation reasonable fees. Payment plans (including credit card payments) can be arranged.