Street Racing Attorney in Cobb County
Protecting Your Record After A Street Racing Charge
If you or a family member has been accused of street racing in Cobb County, you are likely worried about the court, your license, and your future. A street racing charge is not a simple traffic ticket. It can bring criminal penalties that affect work, school, and everyday life.
At Smith, Schnatmeier, Dettmering & Kilgo, LLP, we focus our practice on criminal defense and regularly represent people facing serious driving offenses in Marietta and throughout the county. Our attorneys understand how quickly a night on the road can turn into an arrest and a court date. We are here to give you clear information, steady guidance, and a plan for moving forward.
Members of our team have served as District Attorneys, and our firm has more than 100 years of combined litigation experience. That background, together with recognitions from respected legal rating organizations, helps us evaluate street racing allegations and work to protect what matters most to you.
Contact a street racing attorney in Cobb County at Smith, Schnatmeier, Dettmering & Kilgo, LLP. today. With a former prosecutor on your side and 100+ years of combined experience, we are ready to fight for you. Call (770) 599-5328 or contact us online for a consultation.
Understanding Street Racing and Reckless Stunt Driving Laws in Georgia
Georgia law provides two primary pathways for the state to prosecute racing activities.
- O.C.G.A. § 40-6-186—"Racing on Highways": This is defined broadly as using one or more vehicles in an attempt to outgain or outdistance another, or even participating in an exhibition of speed or acceleration.
- O.C.G.A. § 40-6-390.1—Reckless Stunt Driving: This law targets "drag racing" or "laying drags" (spinning tires/burnouts) that occurs with a "reckless disregard for the safety of persons on a highway or upon private property." It is critical to note that this law applies even on private property, such as shopping center parking lots, if the owner did not give express authorization.
As your Cobb County street racing lawyer, we must also address the "Spectator" and "Promoter" laws. Under O.C.G.A. § 16-11-43.1, simply organizing or promoting an illegal racing event is a high and aggravated misdemeanor. Furthermore, as of 2024, being a spectator who "knowingly and actively facilitates" an event (such as using your car to block a road) is also a criminal offense. Our firm analyzes every detail of your citation to ensure the state isn't overcharging a simple speeding case as a racing or stunt driving offense.
Penalties and Collateral Consequences of Street Racing Convictions in Cobb County
The penalties for street racing in Georgia are designed to be punitive and restrictive. The state’s goal is to take racers off the road immediately.
Direct Criminal and Administrative Penalties
- Fines: For a first offense of reckless stunt driving, fines typically range from $300 to $750. For subsequent offenses within 10 years, fines can skyrocket to $5,000.
- Incarceration: A first-time conviction carries a mandatory minimum of 10 days in jail, which can extend up to 6 months. A second conviction within 10 years carries a mandatory 90 days in jail.
- Mandatory License Suspension: A conviction for racing or reckless stunt driving results in a 12-month license suspension. While you may be eligible for a limited permit after 120 days, the initial total loss of driving privileges is a standard consequence.
- Vehicle Forfeiture: If you are declared a "Habitual Violator" (three convictions in five years), the State of Georgia has the power to seize and forfeit the vehicle you were driving at the time of the offense.
Collateral Consequences in Cobb County
A criminal record for street racing has long-lasting effects. Your insurance premiums will likely become unaffordable, or your policy may be canceled entirely. For students at Kennesaw State University or young professionals in the Cumberland area, a misdemeanor of a high and aggravated nature can appear on background checks, potentially disqualifying you from future employment or internships.
Cobb County Street Racing Criminal Defense
When your case is filed in Cobb County, you need a defense team that understands how local courts handle these charges. As a Marietta-based criminal defense firm, we routinely appear in Cobb County State Court and Cobb County Superior Court on behalf of clients facing a wide range of driving and criminal allegations. We know the procedures, and we are familiar with how cases move through these courts.
Our attorneys include former District Attorneys who have previously made charging and plea decisions in criminal cases. This perspective helps us assess how a street racing accusation may be viewed by the State, which facts may become central, and where weaknesses may exist in the evidence. We use that insight to prepare for negotiations and, when appropriate, contested hearings.
Together, our lawyers bring more than a century of combined litigation experience to the courtroom. Our firm has been recognized in publications such as Best Law Firms by U.S. News and World Report, and our attorneys have received honors including 10.0 Superb Avvo ratings, listings in Super Lawyers, and AV Preeminent ratings.
Your driving privileges are too important to lose to a racing conviction. Hire a Cobb County street racing lawyer who knows how to challenge the state's case. We offer prosecutorial insight and a 100+ year track record of success. Reach out to us at (770) 599-5328 or through our contact form to start your defense now.
The Right Choice for Your Defense
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Constant Contact with Client
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Personalized Attention
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100+ Years of Combined Experience
Client Experiences
Hear from those we've represented in their legal battles.
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Thank you, Ben Smith, for your time, knowledge, and your thoroughness and wisdom
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Ben, I was very impressed with how you handled everything.
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Mr. Schnatmeier made the experience as painless as possible. He was very responsive and I was pleasantly surprised by how available he was.
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What To Expect In Your Street Racing Case in Cobb County
Street racing cases usually begin with a traffic stop, an encounter at a gathering spot, or contact with law enforcement after a complaint. Officers may issue citations at the roadside, or in some situations, an arrest may occur. The paperwork you receive typically lists the charges and a first court date, which is often in Cobb County State Court for many traffic-related matters.
In the early stages, the court generally sets an arraignment or initial appearance where you are advised of the charges and your basic rights. This part of the process is important because it often begins the timeline for filing motions, requesting evidence, and opening discussions with the prosecutor. Our role includes reviewing the accusations, requesting discovery, and identifying what the State must prove to support each count.
The evidence in a street racing case may involve officer observations, dash or body camera video, recordings from bystanders, speed detection information, and the statements of drivers and passengers. We look carefully at how the stop occurred, whether the alleged conduct meets the legal definition of a race, and whether the State can reliably identify who was operating each vehicle. This detailed review is a core part of the street racing criminal defense that Cobb County defendants often need.
Depending on the facts and a client's history, possible case paths can include negotiation for amended or reduced charges, requests for consideration of alternative resolutions, or preparation for hearings or trial if a contested outcome is appropriate. We discuss these routes openly with our clients and provide realistic assessments, so decisions are based on information rather than assumptions.
Steps To Take After A Charge
Once you receive a citation or are released from custody, it can be tempting to set the paperwork aside and hope the situation will simplify on its own. Ignoring the case can lead to missed court dates and more serious problems. Taking a few prompt steps can significantly improve your ability to address the charge with your attorney.
Helpful actions you can take right away include:
- Keeping all tickets, bond documents, and paperwork together, and making note of every listed court date.
- Avoiding detailed discussions of the incident on social media or in group messages that could later be reviewed or misunderstood.
- Collecting contact information for any passengers or witnesses who were present and preserving any videos or photos from the scene.
- Reaching out to a street racing lawyer Cobb County drivers trust so there is time to review your situation before the first appearance.
When you contact our firm, we talk with you about what happened from your perspective, review your documents, and explain how the case is likely to proceed. We know that many clients are dealing with work or school schedules and family obligations, so we aim to make the first conversation useful and focused on your immediate concerns.
How Our Attorneys Approach Defense
Every street racing allegation involves its own set of facts, and our defense approach reflects that. We begin by listening carefully to your account, then we compare it with citations, reports, and any available recordings. Understanding your priorities, such as protecting a clean record, preserving a license, or avoiding custody, helps guide how we evaluate the case.
From there, we identify what the State must prove for each charge. Street racing accusations may hinge on evidence of coordination between drivers, proof that vehicles were actually engaged in a race, or claims about high speed in a particular area. We look for gaps in proof, questions about identification, and issues with how information was collected or reported.
Our former prosecutor experience informs this analysis. Because members of our team have handled charging decisions before, we understand which facts are likely to influence how a case is evaluated by the State. That insight can help us present information that may support negotiation or highlight weaknesses that become important in a hearing.
Throughout the process, we stay focused on realistic guidance rather than promises. We discuss potential paths and outcomes in clear terms, answer questions as they arise, and prepare you for what to expect each time your case is on the calendar. Our goal is to give you the information and advocacy you need to move through a difficult situation with greater confidence.
Talk With Our Cobb County Street Racing Defense Team
Facing a street racing accusation in Cobb County can feel intimidating, especially if this is your first experience with the criminal courts. You do not have to work through it alone. Our attorneys at Smith, Schnatmeier, Dettmering & Kilgo, LLP take the time to explain your options, evaluate the evidence, and guide you through each step. With former District Attorneys on our team, more than 100 years of combined litigation experience, and a commitment to clear communication, we work to protect your record and your future.
Call (770) 599-5328 or reach out online to speak with our team about your situation.
Frequently Asked Questions
What penalties can I face for street racing?
Penalties can include fines, probation, possible jail time in some situations, and consequences for your driver license. The specific range depends on the exact charges, prior history, and facts such as alleged speed and any damage or injuries. We review these details with you before discussing potential options.
Will a street racing charge stay on my record?
A conviction can appear on your driving and criminal record and may show up on background checks. Whether there are options to limit that impact depends on the charges, your history, and how the case is resolved. We discuss record-related concerns with every client as part of case planning.
How soon should I contact a lawyer after being cited?
It is usually best to contact a lawyer as soon as possible after receiving a citation or release paperwork. Early involvement gives our attorneys more time to obtain evidence, track deadlines, and prepare for the first court date. We strive to respond promptly when potential clients reach out.
What if my child was arrested for street racing in Cobb County?
If your child is accused of street racing, the situation can affect school, activities, and future plans. We talk with both parents and the young driver to explain the process and possible outcomes. Our attorneys work to address the legal case while being mindful of long-term consequences.
How will your attorneys keep me informed about my case?
We prioritize communication throughout representation. Our team updates clients about upcoming court dates, new information, and decisions that need to be made. We encourage questions, and we work to return calls and messages so you are not left uncertain about the status of your case.
