Spontaneous Racing (N.C. Gen. Stat. § 20-141.3(b))


Spontaneous racing (otherwise known as “Willful Racing”) is different from prearranged racing because of one requirement which is that the race be prearranged. Under N.C.G.S. § 20-141.3(b), it shall be unlawful for any person to operate a motor vehicle on a street or highway willfully in speed competition with another motor vehicle.

Why is Willfully important in this charge?

  • In order to be found guilty of this charge, there must be evidence that shows a person committed the crime purposely and deliberately in violation of the law or did so without any legal excuse or justification.

Are mopeds classified as motor vehicles?

  • No, under North Carolina law, a moped must have two or three wheels, no external sifting device, and a motor that does not exceed 50 cubic centimeters of piston displacement and cannot propel the vehicle at a speed greater than 30 mph on a level surface.

What is the definition of “highway” under North Carolina law?

  • A highway is the entire width between property or right-of-way lines of every way or place of whatever nature when any part thereof is open to the use of the public as a matter of right for the purposes of vehicular traffic. “Street” means the same thing as “highway” under this statute.


  • Two things can happen simultaneously if found guilty of this charge. First, a penalty for this crime is a Class 2 misdemeanor which can carry up to 60 days in jail and a maximum fine of $1,000. On top of that, the DMV can suspend the driver’s license for up to one year.
  • On top of all that, when a person’s insurance receives their driver’s license record, it will tack on 10 insurance points which is equivalent to a 260% increase in a person’s insurance rate.

There’s no reason to take any chances at all. The attorneys here at Jetton and Meredith are here to fight for you, so call us now at (704) 333-1114 today!