On Tuesday, the Alabama State Senate voted in favor of legislation outlawing street racing and other forms of exhibition driving, such as tire burnouts and doing donuts with a motor vehicle.
State Representative Allen Treadaway sponsored House Bill 29 (HB29). HB29 was carried in the Senate by Sen. Rodger Smitherman, who sponsored the Senate version of the bill.
Smitherman explained to the Senate that Rep. Treadaway is a former City of Birmingham Deputy Police Chief and is sponsoring the same legislation in the Alabama House of Representatives.
“I don’t have a problem with the House bill,” Smitherman said. “It is the same bill.”
“There have been several instances of people getting hurt through this dangerous driving,” Barfoot said.
“I have been almost run over,” said Sen. Shay Shelnutt. “I have seen this problem personally in our county.”
The Alabama Big 10 Mayors have endorsed legislation to impose criminal penalties on exhibition driving.
“This is something that the Mayor of Birmingham and the Mayor of Hoover asked us to support,” Rep. Susan Dubose said. “We have had 16 persons and a baby killed by a Dodge Charger that was doing donuts with a crowd watching.”
“In our area, we have had four people killed,” Smitherman said. “Currently, all you can do is misdemeanors.”
“Exhibition driving” is when a driver purposefully drives intentionally to create unnecessary engine noise, tire skids, burnouts, and other dangerous and dangerous and damaging driving techniques. This growing problem across Alabama cities creates a public safety hazard for pedestrians and other drivers while draining limited law enforcement resources.
A first violation shall be guilty of a Class C misdemeanor. A second or subsequent violation shall be guilty of a Class B misdemeanor. In addition, the court may prohibit the person from driving a motor vehicle on the public highways of this state for a period not exceeding six months.
If a person operating a motor vehicle violating this ban causes bodily injury to another individual, or the offense proximately causes damage to any property, the person shall be guilty of a Class A misdemeanor. In addition, the court shall prohibit the person from operating a motor vehicle on the public highways of this state for six months.
If a person violates this ban and, in the commission of this act, causes serious physical injury to a person other than the driver, the person shall be guilty of a Class C felony. In addition, the court shall prohibit the person from operating a motor vehicle on the public highways of this state for two years. If a person commits a violation of this law and the commission of the offense proximately causes death to any person, the person shall be guilty of a Class B felony. In addition, the court shall prohibit the person from operating a motor vehicle on the public highways of this state for not less than two years.
HB29 passed the Senate 33 to 0. The legislation now goes to Gov. Kay Ivey’s desk for her consideration.
Wednesday will be day 17 of the 2023 Alabama Regular Legislative Session.
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