Spectators recording, posting video of street racing in Gwinnett County could possibly land in jail

GWINNETT COUNTY, Ga. — Participating in and now even recording street racing could come with some stiff fines and penalties in Gwinnett County.

Channel 2′s Audrey Washington was at the Gwinnett County Police Department discussing the goal to deter street racing and the large crowds that come to watch.

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Street racing is a constant nuisance in metro Atlanta. Street racers peel out and perform stunts, often in the middle of the road and in the middle of the night.

Now Gwinnett County commissioners have a plan to curb the crime.

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The commissioners just passed an ordinance this week that allows police to impound the cars used in street racing for up to a month.

But the ordinance goes one step further.

“Charges will be applied to those who are actively participating and promoting the event,” Gwinnett County officer Hideshi Valle said.

Police say anyone who organizes or records and then posts the racing could face charges and hefty fines.

But local attorney Andrew Lampros says it might not be that simple.

“”It’s not illegal and I think the ordinance is going to have some problems,” Lampros said.

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According to both the U.S. and the state of Georgia constitution, people have the right to record an activity in a public space.

Lampros says in order for the penalties and fines to stick prosecutors would have to prove intent.

“If they’re not just standing there recording it, but they take it and add graphics or put it on Instagram, twitter or snapchat,” Lampros said. “It’s a very sticky situation for law enforcement who would try to enforce the ordinance as to those who are videoing with their cell phones.”

Now, the ordinance also requires offenders to appear in court. Washington was told the fines are pretty hefty, and could reach into the thousands.

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