Is Drifting Illegal in the USA?

Drifting, defined as intentionally oversteering and losing traction while cornering at high speeds, occupies disputed legal territory in the United States. According to legal experts, drifting likely violates traffic safety laws in most jurisdictions, but statutes rarely address the practice directly.

Why Could Drifting Be Considered Illegal?

Though regulations vary considerably by state and municipality, legal analysts note that drifting likely violates various prohibitions on reckless driving, aggressive driving, speed contests, exhibition driving, and losing control.

For example, FindLaw cites a California statute defining reckless driving as driving "with wanton disregard for the safety of persons or property." By intentionally oversteering and sliding, drifters could be seen as disregarding public safety.

Concerns Over Dangerous Conditions

Legal authorities express concerns over the safety hazards posed by drifting. According to the Governors Highway Safety Association, incidents of "stunting" which includes drifting saw a 53% increase from 2019 to 2020.

In a 2021 statement, the GHSA said stunt driving has "life-altering consequences for all road users" and called for stronger laws and penalties around exhibitions of speed.

Sparse Legal Precedents Leave Questions

Very few court verdicts have directly tested laws against drifting itself, leaving its legal status open to debate among scholars. Multiple defense lawyers argue that skidding itself does not prove reckless intent in court.

UCLA law professor Eugene Volokh notes that simply violating traffic rules does not necessarily constitute criminal reckless driving without concrete danger to bystanders. At the same time, CA attorney Neil Shouse observes that getting into a drift accident would likely yield charges. The law remains complex and situation-dependent.

While many states have "reckless driving" catch-alls, statutes tailored to drifting remain rare. How states approach exhibition driving spans a wide spectrum.

Tighter Restrictions

• Florida explicitly banned street takeovers, drifts, doughnuts and other stunts under a 2022 law.
• North Carolina law labels reckless stunts like drifts as a Class 2 misdemeanor.
• New York legislators have proposed making drifting qualify as criminal reckless endangerment.

More Flexible Approaches

• In Georgia, exhibition driving is a misdemeanor, but the offense requires intent to make an improper display of speed or tactics.
• Texas laws against reckless driving require endangerment of life or property in the given case.
• Most states have no drift-specific statutes and rely more on interpreting reckless driving.

In short, legal repercussions differ drastically state-by-state and case-by-case. With laws rapidly evolving around stunt exhibitions, those curious about state-specific drift laws should consult local legal experts.

Perspectives Vary Among Legal Scholars

The legal standing of drifting itself elicits debate within the scholarly community:

*Defense lawyer Norman Fernandez argues that simply breaking traction does not constitute definitive proof of reckless intent or endangerment absent other factors.

*Meanwhile, traffic lawyer William Harding contends that laws against exhibition driving and speed contests capture the intentional loss of control in drifting events.

*Other experts argue that organized, controlled drifting on closed courses should be considered legal, distinct from hazardous stunting on public roads.

Questions around drifting legislation are likely to continue sparking discussion without definitive national consensus. Ultimately, local jurisdictions wield authority over deciding if drifting violates their specific public safety laws.

Recent years have seenSTATE proposals to restrict organized drifting events on private property due to risks extending beyond participants themselves.

In 2022, Florida introduced a bill allowing law enforcement to arrest drift participants and organizers for unlawful speed contests posing community hazards. Police claim difficulties pressing charges under current rules requiring officers to catch drifters physically present.

Broader public concern over drifting‘s perceived promotion of street racing has also stirred discussion around restricting imagery and events further. But proposals to limit legal motorsports face pushback from industry groups citing economic impacts. Striking balance between safety and individual freedoms poses an ongoing challenge for policymakers.

As regulations develop, disputable questions persist around the ethics of facilitating drifting itself through media coverage, industry promotion and private events.

Governors Highway Safety Association executive director Jonathan Adkins has called the popularity surge around stunt driving "perplexing", arguing that "glorification" enables acceptance of hazardous conduct. Various cities have cited ethics in banning automotive stunts in films and advertising.

But enthusiasts counter that harsh restrictions beyond reasonable community protection amount to overreaching "legislating morality". Legal drift event coordinator Chris Petty contends that shutting down closed courses counters the goal of providing a controlled outlet separate from public roads.

Altogether, drifting occupies a complex space across legal, ethical and cultural realms still undergoing reexamination from many angles. And this ongoing debate seems unlikely to drift out of public conversation anytime soon.