CRS § 42-4-1105 is the Colorado statute prohibiting the exhibition of speed (or engaging in a speed contest) on highways. Knowingly racing a motor vehicle on a public roadway is a traffic misdemeanor punishable by 10 days to 1 year in jail and fines of $150 to $1,000.
Repeat offenders risk having their vehicles booted for up to a month and paying a daily $35 immobilization fee.
In this article, our Denver Colorado criminal defense attorneys discuss:
- 1. Are speed contests legal in Colorado?
- 2. Are speed exhibitions legal in Colorado?
- 3. What are the penalties under CRS 42-4-1105?
- 4. How can an attorney help?
- 5. When are speed races or exhibitions legal?
- 6. Related offenses
Colorado state law under CRS 42-4-1105 prohibits speed racing and exhibitions, except on authorized tracks.
1. Are speed contests legal in Colorado?
No. Colorado traffic law prohibits knowingly engaging in speed contests on highways, including any public road.
A speed contest is when one or more cars race or do a timed trial. Speed contest street racing typically involves rapid acceleration, high speeds, and/or lane changes.1
2. Are speed exhibitions legal in Colorado?
No. Colorado law prohibits knowingly engaging in speed exhibitions on highways, including any public road.
A speed exhibition is driving a car to display its speed or power. Speed exhibitions typically involve squealing the tires, rapid swerving and weaving through traffic, and producing smoke from tire slippage.2
3. What are the penalties under CRS 42-4-1105?
Knowingly conducting a speed contest is a class 1 misdemeanor traffic offense. It carries:
- 10 days to 12 months in jail, and/or
- $300 to $1,000 in fines
Meanwhile, knowingly conducting an exhibition of speed is a class 2 misdemeanor traffic offense. It carries laxer penalties than speed contests:
- 10 days to 90 days in jail, and/or
- $150 to $300 in fines
These same penalties apply to anyone who helped organize or facilitate the unlawful speed events, such as erecting or removing barricades, traffic control devices, obstructions, or other highway fixtures.3
3.1. What happens to the vehicles?
Following a second conviction of speed racing or exhibition, the court may order the police to immobilize the car(s) for up to 14 days. Following a third conviction, this period can last 15 to 30 days.
This immobilization period is in addition to any period of time the police may have impounded the vehicle. If the locations of the vehicles are unknown, police may search for them and ask other law enforcement agencies to help.
Law enforcement typically uses a boot to disable vehicles temporarily. Car owners who remove these immobilization devices early or without permission face a class 2 misdemeanor traffic offense charge. This carries:
- 10 days to 90 days in jail, and/or
- $150 to $300 in fines
Car owners must pay a daily $35 fee during the immobilization. They also have to pay a daily $35 fee for up to 14 days after the immobilization period if they do not pick up the vehicles.
If owners do not pick up their vehicle within 14 days, the court will consider them abandoned motor vehicles. The police are then free to sell them.
Car owners can ask the court for additional time to pay these fees.4
Peace officers can arrest drag racers for a class 1 traffic misdemeanor in Colorado.
4. How can an attorney help?
Depending on the case, various defenses exist to fight Colorado speed racing charges. These include the following:
- The defendant did not act knowingly. Perhaps the defendant was simply exceeding the speed limit, and the Colorado State Patrol mistook it for a time trial or a race. If the D.A. cannot prove the defendant knowingly engaged in a speed contest or exhibition, CRS 42-4-1105 charges cannot stand. However, the defendant could face other traffic charges.
- The car malfunctioned. Maybe an undetected defect in the automobile caused it to accelerate,5 and law enforcement mistakenly arrested the defendant for exhibiting speed (and possibly for eluding the police officer (CRS 42-4-1413)). As long as the defendant did not knowingly cause the unsafe vehicle to speed, the case should be dismissed.
- The race was on a private roadway. Driving over a prudent speed on privately-owned roads is not a traffic crime. As long as the race or exhibition did not occur on public property, the D.A. should drop the case. But depending on the situation, defendants may face other charges such as reckless endangerment (CRS 18-3-208).
Typical evidence in these cases includes eyewitnesses, video footage, GPS records, and testimony by experts on cars, wheel skids (visible tire acceleration marks), and other racing-related matters.
Note that the following explanations are not defenses to CRS 42-4-1105 charges:
- The defendant had a valid driver’s license, license plate or vehicle registration;
- No one bet on the race;
- There were no accidents and no bodily injury;
- There was no DUI (driving under the influence), and the driver’s blood alcohol content was legal;
- The race did not affect emergency vehicles, commercial vehicles, school buses, or other service vehicles.
5. Can the record be sealed?
No. Colorado law does not permit misdemeanor traffic offenses to be sealed. They remain on the defendant’s criminal record forever.6 This is why it is vital for defendants facing CRS 42-4-1105 charges to seek legal counsel right away. It may be possible to get the charges dismissed completely.
6. When are speed races or exhibitions legal?
CRS 42-4-1105 does not apply to lawfully organized and licensed commercial races on authorized race tracks, courses, or drag strips.7 Examples include:
- Bandimere Speedway – Morrison
- Grand Junction Motor Speedway – Grand Junction
- Pikes Peak International Raceway – Fountain
- I-25 Speedway – Pueblo
- Colorado National Speedway – Dacono
- High Plains Raceway – Deer Trails
- Colorado National Speedway
6. Related offenses
- Reckless driving (CRS 42-4-1401): This is driving in “reckless” disregard for other people’s safety. As a class 2 misdemeanor traffic offense, it carries 10 to 90 days in jail, and/or $150 to $300 in fines.
- Careless driving (CRS 42-4-1402): This is driving without the proper regard for the road and surroundings. Also a class 2 misdemeanor traffic offense, the sentence is 10 to 90 days in jail, and/or $150 to $300 in fines.
- Speeding (CRS 42-4-1101): Exceeding the posted speed limit is usually a traffic infraction speeding ticket. Penalties for this traffic ticket typically include fines and DMV license suspension points.
Legal References
- Colorado Revised Statutes 42-4-1401 CRS. The language of the statute reads as follows:
(1)(a) Except as otherwise provided in subsection (4) of this section, it is unlawful for a person to knowingly engage in a speed contest on a highway.
(b) For purposes of this section, “speed contest” means the operation of one or more motor vehicles to conduct a race or a time trial, including but not limited to rapid acceleration, exceeding reasonable and prudent speeds for highways and existing traffic conditions, vying for position, or performing one or more lane changes in an attempt to gain advantage over one or more of the other race participants.
(c) A person who violates any provision of this subsection (1) commits a class 1 misdemeanor traffic offense.
(2)(a) Except as otherwise provided in subsection (4) of this section, it is unlawful for a person to knowingly engage in a speed exhibition on a highway.
(b) For purposes of this section, “speed exhibition” means the operation of a motor vehicle to present a display of speed or power. “Speed exhibition” includes, but is not limited to, squealing the tires of a motor vehicle while it is stationary or in motion, rapid acceleration, rapid swerving or weaving in and out of traffic, producing smoke from tire slippage, or leaving visible tire acceleration marks on the surface of the highway or ground.
(c) A person who violates any provision of this subsection (2) commits a class 2 misdemeanor traffic offense.
(3)(a) Except as otherwise provided in subsection (4) of this section, a person shall not, for the purpose of facilitating or aiding or as an incident to any speed contest or speed exhibition upon a highway, in any manner obstruct or place a barricade or obstruction, or assist or participate in placing any such barricade or obstruction, upon a highway.
(b) A person who violates any provision of this subsection (3) commits, pursuant to section 42-4-1703, the offense that the person aided in or facilitated the commission of. Nothing in this subsection (3) shall be construed to preclude charging a person under section 42-4-1703 for otherwise being a party to the crime of engaging in a speed contest or engaging in a speed exhibition.
(4) The provisions of this section shall not apply to the operation of a motor vehicle in an organized competition according to accepted rules on a designated and duly authorized race track, race course, or drag strip.
(5)(a) In addition to a sentence imposed pursuant to this section or pursuant to any other provision of law:
(I) Upon the second conviction for an offense specified in subsection (1) or (2) of this section, or any other crime, the underlying factual basis of which has been found by the court to include an act of operating a motor vehicle in violation of subsection (1) or (2) of this section, the court may, in its discretion, order the primary law enforcement agency involved with the case to place an immobilization device on the motor vehicle or motor vehicles so operated for a period of up to fourteen days.
(II) Upon the third or subsequent conviction for an offense specified in subsection (1) or (2) of this section, or any other crime, the underlying factual basis of which has been found by the court to include an act of operating a motor vehicle in violation of subsection (1) or (2) of this section, the court may, in its discretion, order the primary law enforcement agency involved with the case to place an immobilization device on the motor vehicle or motor vehicles so operated for a period of up to thirty days but more than fourteen days.
(b) The period during which a motor vehicle may be fitted with an immobilization device pursuant to paragraph (a) of this subsection (5) shall be in addition to any period during which the motor vehicle was impounded prior to sentencing.
(c) An order issued under this subsection (5) shall state the requirements included in subsections (7) and (8) of this section.
(d) For purposes of this section, “immobilization device” means a device locked into place over a wheel of a motor vehicle that prevents the motor vehicle from being moved. “Immobilization device” includes but is not limited to a device commonly referred to as a “traffic boot” or “boot”.
(6)(a) Except as otherwise provided in subsection (9) of this section, a law enforcement agency that is ordered to place an immobilization device on a motor vehicle pursuant to subsection (5) of this section shall attempt to locate the motor vehicle within its jurisdiction. The law enforcement agency may, in its discretion, attempt to locate the motor vehicle outside of its jurisdiction.
(b) Nothing in this subsection (6) shall be construed to:
(I) Prohibit a law enforcement agency from seeking the assistance of another law enforcement agency for the purpose of placing an immobilization device on a motor vehicle or removing the device in accordance with this section; or
(II) Require a law enforcement agency to expend excessive time or commit excessive staff to the task of locating a motor vehicle subject to immobilization under this section.
(c) The time spent by a law enforcement agency in locating a motor vehicle in accordance with this subsection (6) shall not alter the immobilization period ordered by the court under subsection (5) of this section.
(d) A law enforcement agency that places an immobilization device on a motor vehicle pursuant to this section shall affix a notice to the immobilized motor vehicle stating the information described in subsections (7) and (8) of this section.
(e) A peace officer who locates or attempts to locate a motor vehicle, or who places or removes, or assists with the placement or removal of, an immobilization device in accordance with the provisions of this section shall be immune from civil liability for damages, except for damages arising from willful and wanton conduct.
(7)(a) The owner of a motor vehicle immobilized under this section shall be assessed a fee of thirty-five dollars for each day the motor vehicle is ordered immobilized and, except as otherwise provided in paragraph (d) of this subsection (7), thirty-five dollars for each day up to fourteen days after the immobilization period that the fee for the immobilization period is not paid. The owner shall pay the fee to the law enforcement agency that places the immobilization device on the motor vehicle.
(b) The owner, within fourteen days after the end of the immobilization period ordered by the court, may obtain removal of the immobilization device by the law enforcement agency that placed it by requesting the removal and paying the fee required under paragraph (a) of this subsection (7).
(c) The failure of the owner of the immobilized motor vehicle to request removal of the immobilization device and pay the fee within fourteen days after the end of the immobilization period ordered by the court or within the additional time granted by the court pursuant to paragraph (d) of this subsection (7), whichever is applicable, shall result in the motor vehicle being deemed an “abandoned motor vehicle”, as defined in sections 42-4-1802(1)(d) and 42-4-2102(1)(d), and subject to the provisions of part 18 or 21 of this article, whichever is applicable. The law enforcement agency entitled to payment of the fee under this subsection (7) shall be eligible to recover the fee if the abandoned motor vehicle is sold, pursuant to section 42-4-1809(2)(b.5) or 42-4-2108(2)(a.5).
(d) Upon application of the owner of an immobilized motor vehicle, the court that ordered the immobilization may, in its discretion, grant additional time to pay the immobilization fee required under paragraph (a) of this subsection (7). If additional time is granted, the court shall notify the law enforcement agency that placed the immobilization device.
(8)(a) A person may not remove an immobilization device that is placed on a motor vehicle pursuant to this section during the immobilization period ordered by the court.
(b) No person may remove the immobilization device after the end of the immobilization period except the law enforcement agency that placed the immobilization device and that has been requested by the owner to remove the device and to which the owner has properly paid the fee required by subsection (7) of this section. Nothing in this subsection (8) shall be construed to prevent the removal of an immobilization device in order to comply with the provisions of part 18 or 21 of this article.
(c) A person who violates any provision of this subsection (8) commits a class 2 misdemeanor traffic offense.
(9)(a) A law enforcement agency that is ordered to place an immobilization device on a motor vehicle pursuant to subsection (5) of this section shall inform the court at sentencing if it is unable to comply with the court’s order either because the law enforcement agency is not yet equipped with an immobilization device or because it does not have a sufficient number of immobilization devices. The court, upon being so informed, shall, in lieu of ordering immobilization, order the law enforcement agency to impound the motor vehicle for the same time period that the court initially ordered the motor vehicle to be immobilized.
(b) If a motor vehicle is ordered to be impounded pursuant to paragraph (a) of this subsection (9), the provisions of subsections (6) to (8) of this section shall not apply.
See also People v. Heckard, 164 Colo. 19, 431 P.2d 1014 (1967).
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- Brian Ross, Joseph Rhee, Angela M. Hill, Megan Chuchmach And Aaron Katersky, Toyota to Pay $1.2B for Hiding Deadly ‘Unintended Acceleration’, ABC News (March 19, 2014).
- CRS 24-72.
- CRS 42-4-1401.