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Street Racing

Street Racing Lawyer in Garfield

Expert Defense for Street Racing Charges in Garfield, NJ

At Gannes & Musico, LLP, we understand the complexities and pressures of facing street racing charges in Garfield, NJ. Our experienced team is dedicated to providing compassionate support and aggressive representation to protect your rights and driving privileges.

Street racing in Garfield is not just a legal issue; it's a community concern. The local law enforcement agencies are vigilant, deploying special task forces to curb these activities. It's crucial to have a legal team familiar with the unique tactics used in these crackdowns. 

By choosing us, you're aligning with traffic ticket attorneys who are adept at navigating the specific challenges posed by the local enforcement landscape. We bring a nuanced understanding of Garfield's judicial approach to each street racing charge, ensuring that any defense strategy is both comprehensive and contextually relevant.

Facing a street racing charge? We offer free consultations. Call (877) 803-2603 or contact us online to speak with a street racing attorney in Garfield today.

Understanding Street Racing Laws in New Jersey

In New Jersey, the crime of street racing is primarily defined under New Jersey Statutes Annotated (N.J.S.A.) § 39:4-52. The law states that a person commits a motor vehicle offense if they operate a vehicle upon a public highway for a wager or in a race or for the purpose of making a speed record. 

It's important to understand that the law is broad and can be applied to a variety of actions, including:

  • Drag races between two or more cars
  • Speed contest
  • Arrange, manage, encourage, or assist in the holding of or the attempt to hold any such race or speed race event 

The prosecution must prove more than a single traffic violation to secure a conviction. The state must prove that your driving behavior demonstrated a competition or a speed record attempt. A skilled street racing attorney in Garfield understands these nuances and will work to build a defense based on the specific circumstances of your case.

Classifications and Penalties of the Street Racing Offense

In New Jersey, a street racing charge is a serious criminal offense. The penalties increase significantly with each subsequent offense.

  • First Offense (Disorderly Persons Offense): A first conviction for street racing is a disorderly persons offense. The penalties can include a fine of $25 to $100, and a judge has the discretion to suspend your license for up to one year. The MVC will also assess five points on your driver's license.
  • Second or Subsequent Offense (Disorderly Persons Offense): A second conviction for street racing is a disorderly persons offense with enhanced penalties, including a fine of $100 to $200 and a possible jail term of up to 90 days. The judge can also suspend your license for up to three years.
  • Aggravating Factors: The charge can be elevated to a more serious offense if the street racing results in an accident that causes serious bodily injury or death. This can lead to charges of assault by auto or vehicular homicide, which are felonies with severe penalties.

It is also important to note that a street racing charge can be filed alongside other offenses, such as reckless driving, reckless endangerment, or an open container violation. A knowledgeable street racing attorney in Garfield will work to prevent any enhancement of your charges and will fight for a resolution that minimizes the impact on your life.

Additional Penalties

  • License Suspension: Your driver's license will be suspended or revoked for a period of time, which is in addition to the criminal penalties. A judge has the discretion to suspend your license for a period of time, which can be up to one year for a first offense and three years for a second offense.
  • MVA Points: The MVC will assess five points on your driver's license for a conviction. Accumulating 12 or more points within a two-year period will also result in a license suspension.
  • Mandatory Programs: You may be required to attend and complete a defensive driving course or other court-ordered programs.

Collateral Consequences

A criminal record for a street racing offense can follow you for the rest of your life, making it incredibly difficult to find employment, obtain professional licenses, or secure housing. Many employers and professional licensing boards have zero-tolerance policies for these convictions, and landlords often deny rental applications to those with a criminal record.

Additionally, a felony conviction will result in a permanent ban on owning or possessing a firearm. For non-citizens, a conviction can have severe immigration consequences, including deportation. The social stigma attached to these crimes can also damage your reputation and personal relationships.

The New Jersey Criminal Defense Process for Street Racing Charges

The legal process following a street racing arrest can feel overwhelming, but it follows a predictable series of steps. Our job is to guide you through each stage, ensuring your rights are protected and that you have a strategic advocate in our corner. We are an aggressive street racing attorney in Garfield who understands the intricacies of the New Jersey legal system.

  1. Investigation and Arrest: The process begins with a traffic stop and arrest if the officer has probable cause. It is crucial to remember your right to remain silent.
  2. Arraignment: This is your first appearance before a judge, where you will be formally notified of the charges and enter a plea. We will advise you on the appropriate plea and begin building your defense.
  3. Discovery: We will obtain and review all the evidence the prosecution intends to use against you, including police reports, dashcam footage, and witness statements, to find any weaknesses.
  4. Pre-Trial Motions and Plea Negotiations: Based on our review of the evidence, we may file pre-trial motions to challenge illegally obtained evidence. We will also engage in negotiations with the prosecutor, seeking a favorable agreement, such as a reduction of charges to a lesser offense.
  5. Trial and Sentencing: If a plea agreement cannot be reached, we are prepared to take your case to trial. If a conviction occurs, we will present mitigating evidence and arguments during sentencing to seek the most lenient sentence possible.

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What Sets Us Apart From The Rest?

Gannes & Musico, LLP is here to help you get the results you need with a team you can trust.

  • We Provide Free Case Evaluations to Discuss ALL Your Options
  • We Have Achieved Thousands of "Not Guilty" Verdicts for Our Clients
  • Our Firm Is the Winner of the Avvo Clients' Choice Award
  • We've Provided Over 30 Years of Aggressive Traffic Defense

Building a Strategic Defense

Every case is unique, and we develop a defense strategy tailored to your specific circumstances. 

As a seasoned Garfield street racing lawyer, we will leverage every possible defense, including:

  • Lack of a "Race" or "Contest": The prosecution must prove that you were engaged in a competition. We can argue that you were simply driving fast and that there was no agreement or common goal with another driver.
  • Mistaken Identity: We can argue that you have been misidentified as the person who was involved in the race. This defense is particularly strong when the identification is based on a flawed witness lineup or a single, fleeting observation.
  • Insufficient Evidence: The prosecution must prove its case beyond a reasonable doubt. We will argue that the evidence presented is not sufficient to meet this high standard, either because the witness testimony is inconsistent or the evidence is flawed.
  • Constitutional Violations: We will challenge any violation of your rights, such as an unlawful stop or a coerced confession.
  • Challenging Officer Observations: We can argue that an officer's observations of your driving were subjective and did not prove you were engaged in a contest or exhibition of speed.

Frequently Asked Questions

How Do I Choose the Right Attorney for My Street Racing Case?

Selecting an attorney with experience in New Jersey traffic law is crucial. At Gannes & Musico, LLP, our team brings both knowledge and proven results, offering strategic planning, clear communication, and personalized legal support to give you the strongest possible defense.

Can I Challenge the Evidence Against Me?

Yes, street racing cases often hinge on evidence that can be contested. Radar calibration errors, witness credibility issues, or improper police procedure can all undermine the prosecution’s case. We carefully analyze every detail, often using experts, to challenge unreliable or flawed evidence.

Are There Alternatives to Conviction?

In many cases, alternatives such as plea bargains, diversion programs, or community service may be available. Our attorneys negotiate aggressively to explore these options, aiming to minimize long-term consequences and protect your record.

Is Street Racing Considered a Criminal Offense in New Jersey?

Yes. Unlike minor traffic violations, street racing is classified as a criminal offense. A conviction may leave you with a permanent criminal record, which can impact employment, education, and insurance rates.

Why Choose Gannes & Musico, LLP

  • Extensive Experience: Over 30 years of combined legal experience in defending against traffic and criminal charges.
  • Proven Track Record: A history of achieving successful outcomes for numerous clients.
  • Personalized Attention: We tailor our defense strategies to suit the specifics of your case, ensuring your concerns are addressed.
  • Free Case Evaluations: Begin with a no-risk consultation to explore your legal options.

Our firm’s commitment goes beyond just winning cases; it's about building trust and maintaining open communication. We recognize that legal issues can be daunting, and we strive to make the process transparent and less stressful. 

With regular updates and an accessible team, you will never feel left out of the loop. This collaborative approach ensures that you have full clarity and confidence moving forward, reinforcing the solid attorney-client relationship we pride ourselves on at Gannes & Musico, LLP.

Take the Next Step: Free Consultation

Starting with a free consultation not only provides you with immediate access to our wealth of experience but also gives you the space to express your concerns without pressure. This foundational meeting helps clarify the complexities you might face and outlines the steps we will take to address them.

Contact us online or call (877) 803-2603 for a risk-free consultation. 

Case Results

More than 10,000 Drivers Helped Every Year
  • Not Guilty Child Seatbelt Ticket

    Our client was charged with a child seatbelt violation. Facing three points and fines, our client was found not guilty, avoiding both penalties.

  • Not Guilty Failure to Yield

    Failure to Yield, facing 3 points and fines. He was found not guilty in court, avoiding both penalties.

  • Not Guilty Cell Phone Violation

    Cell phone violation. Facing fines and 5 points, he was found not guilty, avoiding both penalties.

  • Not Guilty Failure to Use Signal

    Charged with failure to signal. Facing two points and fines, he was found not guilty, avoiding both penalties.

  • Not Guilty Illegal Passing

    Illegal Pass charge, carrying three points and fines. The violation was reduced to Jaywalking, which carries 0 points.

  • Not Guilty Disobey Traffic Device

    Disobey Traffic Device charge, facing two points and fines. The violation was reduced to a no-point parking violation.
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