In October 2021, Felipe Hernandez was racing another driver when he struck a brick wall, killing his 4-year-old daughter.[1] Hernandez pled guilty to “criminal negligent manslaughter by motor vehicle.”[2] In January 2023, 28-year-old Romario Coke died after he lost control of his car while racing Aaron Givens.[3] Givens was charged with “negligent homicide by vehicle, criminally negligent manslaughter by vehicle and driving a vehicle in a race/speed contest.”[4] In May 2024, 26-year-old John Phipps died and another man was shot after a chaotic car meetup.[5]

The rise in street racing and exhibition driving throughout Maryland caused concern for public safety.[6] Out of 611 roadway fatalities in 2023, 165 were a result of speeding.[7] In response Maryland passed Senate Bill 0042, Street Racing and Exhibition Driving, which took effect on June 1, 2024.[8] The bill raised the maximum fine for drivers caught street racing from $500 to $1,000, and subjects them to up to 60 days imprisonment.[9] Points assessed against all participants in speed contests increased from 5 points to 8 points, for races that do not result in serious bodily harm, and from 5 points to 12 points against drivers for races that do.[10]

The law defines exhibition driving as “the operation of a motor vehicle in close proximity to a crowd or gathering in a manner that intentionally results in two or more” actions itemized in the bill.[11] In 2023, 139 incidents of exhibition driving were reported in Maryland.[12] The bill prohibits exhibition driving and penalizes violators with the same fine and point assessments delineated for speed contests.[13] However, the law establishes two affirmative defenses for violations of exhibition driving.[14] Drivers charged for excessive acceleration and deceleration or skidding tires may raise the defense that they did so “for safety purposes.”[15] Drivers charged for transporting passengers in an area of their vehicle not intended for passengers may raise the defense of participation in a permitted parade.[16]

The law imposes “some of the most aggressive penalties in the nation” in hopes of disincentivizing participation in such risky activities.[17] Police departments statewide acted quickly by creating the Maryland Car Rally Task Force, which investigates and responds to street racing and exhibition driving incidents.[18] In one weekend alone, the Task Force broke up at least 11 “street takeovers” with some consisting of up to 200 participants.[19] Officers made numerous arrests, charging participants for violations such as disorderly conduct, destruction of property, and possession of a handgun while under the influence.[20] It has yet to be determined whether the bill will result in its purpose of reducing participation in activities known to have tragic consequences.

“Veronica Giron is a third-year J.D. Candidate at the University of Baltimore School of Law and an Associate Editor for the University of Baltimore Law Forum. She received her Bachelor of Arts in Criminal Justice and Criminology from the University of Maryland, College Park in 2017. During her 2L summer, Veronica worked as a Summer Associate at Thomas, Thomas & Hafer LLP. Upon graduating and passing the Maryland bar, she will return to the firm as a first-year Associate.”

LinkedIn: https://www.linkedin.com/in/veronica-giron-b8b63874

[1] Paul Wagner, Father pleads guilty in Maryland racing crash that killed his 4-year-old daughter, NBC Wash. (Dec. 11, 2023), https://www.nbcwashington.com/news/local/father-pleads-guilty-in-maryland-racing-crash-that-killed-his-4-year-old-daughter/3491520/.

[2] Id.

[3] Alanea Cremen, 28-year-old man dead after crash in Rockville, WUSA9 (Jan. 18, 2023), https://www.wusa9.com/article/news/local/maryland/police-investigate-deadly-crash-rockville/65-99f69ca8-af16-4ca0-9a7a-68985a2d328a; Matt Pusatory, Silver Spring man indicted for deadly Rockville street racing crash, WUSA9 (Mar. 19, 2024), https://www.wusa9.com/article/news/local/maryland/rockville-street-racing-crash-2023-indictment/65-899bfebb-26e9-496d-b98b-ac5693272478.

[4] Deb Belt, Driver In Fatal Street-Racing Crash Charged With Vehicular Homicide, Patch (Mar. 19, 2024), https://patch.com/maryland/silverspring/driver-fatal-street-racing-crash-charged-vehicular-homicide.

[5] John Doran & Randi Ayala, Shooting at Maryland car meetup leaves 1 dead, 2 hurt, police say, WUSA9 (May 20, 2024), https://www.wusa9.com/article/news/crime/one-killed-two-injured-shooting-district-heights-shopping-center-maryland/65-800b1882-2525-4b99-8ec1-694095edabcb.

[6] Christopher Harris, New Maryland law targets street racing: Up to one year in jail, $1,000 fines, Fox 5 DC (May 30, 2024), https://www.fox5dc.com/news/new-maryland-law-targets-street-racing-up-one-year-jail-1000-fines.

[7] Id.

[8] Alanea Cremen & Leslie Moreno, ‘People can die, they have died’ | Maryland ‘Car Meet-Up’ penalties take aim at drivers and crowds starting June 1, WUSA9 (May 22, 2024), https://www.wusa9.com/article/news/crime/new-penalties-attending-maryland-car-meet-ups-start-june-1/65-49ba73c3-084f-4c75-9bfe-f0987a56df14; Derrick Ward, Large crowd gathers to watch illegal reckless driving demonstration, Takoma Park police say, NBC Wash. (Feb. 13, 2024), https://www.nbcwashington.com/news/local/large-crowd-gathers-to-watch-illegal-reckless-driving-demonstration-takoma-park-police-say/3542129/.

[9] Md. Gen. Assemb. Dep’t of Legis. Serv., Fiscal and Policy Note, SB. 442, at 3 (2024), https://mgaleg.maryland.gov/2024RS/fnotes/bil_0002/sb0442.pdf.

[10] Id.

[11] Id.

[12] Ryan Dickstein, Street racers beware: Maryland cracking down with tougher laws on June 1, WMAR 2 News (May 30, 2024), https://www.wmar2news.com/local/street-racers-beware-maryland-cracking-down-with-tougher-laws-on-june-1.

[13] Md. Gen. Assemb. Dep’t of Legis. Serv., Fiscal and Policy Note, SB. 442, at 3 (2024), https://mgaleg.maryland.gov/2024RS/fnotes/bil_0002/sb0442.pdf.

[14] Id.

[15] Id.

[16]Id.

[17] Caroline Foreback, Maryland street racers could now face major penalties with new law in effect, CBS News (Jun. 1, 2024), https://www.cbsnews.com/baltimore/news/maryland-street-racers-could-now-face-major-penalties-with-new-law-in-effect-baltimore-zach-friedlander/.

[18] Press Release, Maryland State Police, Maryland Car Rally Task Force Uncover Firearms Following Arrest of Prince George’s County Man (Sept. 4, 2024), https://news.maryland.gov/msp/2024/09/04/maryland-car-rally-task-force-uncover-firearms-following-arrest-of-prince-georges-county-man/; Maryland State Police, Joint Law Enforcement Effort Addresses Unlawful Exhibition Driving Events In Maryland, The Bay Net (Jul. 28, 2024), https://thebaynet.com/joint-law-enforcement-effort-addresses-unlawful-exhibition-driving-events-in-maryland/#google_vignette.

[19] Adam Thompson, Maryland’s Car Rally Task Force breaks up nearly a dozen illegal “street takeovers” this weekend, CBS News (Sept. 1, 2024), https://www.cbsnews.com/baltimore/news/marylands-car-rally-task-force-breaks-up-nearly-a-dozen-illegal-street-takeovers-this-weekend/.

[20] Id.