Street Racing Charges in Harris County Are Surging — And So Are Vehicle Seizures

Harris County law enforcement has made street racing enforcement a top priority. Organized street racing takeovers on Houston highways have led to aggressive crackdowns, mass arrests, and — most importantly for you — vehicle forfeiture proceedings where the State tries to permanently seize your car, truck, or motorcycle. Under Texas Transportation Code § 545.420, racing on a highway is a Class B misdemeanor for a first offense, punishable by up to 180 days in jail and a $2,000 fine. A second offense is a Class A misdemeanor with up to one year in jail. But the criminal charge is only half the problem.

Vehicle Forfeiture: They Want to Take Your Car Permanently

After a racing arrest in Harris County, the State can file a civil asset forfeiture action to permanently seize your vehicle under Chapter 59 of the Texas Code of Criminal Procedure. This is a separate civil case from your criminal charge — and many people do not even realize they need to fight it until it is too late. If you do not respond to the forfeiture petition, the court will enter a default judgment and your vehicle belongs to the government. Attorney Kenneth V. Mitchell has personally fought vehicle forfeiture cases in Harris County and knows how to challenge the State’s authority to take your property.

Types of Racing Charges We Defend

• Racing on a Highway — Texas Transportation Code § 545.420, Class B misdemeanor (first offense), Class A misdemeanor (second offense)
• Street Racing / Exhibition of Speed — Includes acceleration contests, speed competitions, and drag racing on public roads
• Reckless Driving — Often charged alongside racing (Texas Transportation Code § 545.401)
• Evading Arrest in a Vehicle — If police allege you fled from a racing enforcement operation (Texas Penal Code § 38.04), this becomes a state jail felony or third-degree felony
• Racing-Related DWI — Street racing while intoxicated leads to enhanced charges
• Vehicle Forfeiture Defense — Fighting the State’s attempt to permanently seize your vehicle under Chapter 59 of the Texas Code of Criminal Procedure

How We Fight Racing Charges and Forfeitures

Racing cases often rely on officer observations, dashcam or helicopter footage, and sometimes cell phone video from social media. The State must prove beyond a reasonable doubt that you were actually racing — not just driving fast or being present at a location where racing occurred. Common defenses include challenging the identification (especially in large-group takeover situations), disputing whether the conduct meets the legal definition of racing, and attacking the legality of the traffic stop that led to the arrest.

For vehicle forfeiture, the burden of proof is on the State in a civil proceeding, and the rules are different from a criminal case. We challenge whether the vehicle was actually used in the commission of the offense, whether proper notice was given, and whether the forfeiture is proportionate to the alleged offense. Many forfeitures can be defeated or negotiated down to a return of the vehicle.

Flat-Fee Racing Defense — No Hourly Billing

All racing charge and vehicle forfeiture defense at KVM Law Firm is handled on a flat-fee basis. You know the cost of your defense from day one. Criminal defense matters handled in Harris, Montgomery, and Galveston Counties.