Can the San Antonio Police Keep My Car for Street Racing?

 Posted on December 16, 2025 in Cash & Vehicle Seizures

San Antonio police seized eight vehicles for street racing in the first 10 months of 2025, and a recent fatal crash on Interstate 10 has intensified concerns about street racing across the city. Many vehicle owners are shocked to discover that police can take their car even without a criminal conviction, and some never get their vehicles back.

Unfortunately, the San Antonio Police can permanently keep your car for street racing, through a legal process called civil asset forfeiture. Under Texas law, your vehicle can be classified as "contraband" if officers believe it was used in street racing, and you could lose ownership rights entirely. This can happen even if criminal charges are dismissed or you're never convicted of a crime. If this has happened to you, let us help. Our San Antonio, TX asset forfeiture defense attorney will help you understand the laws that govern your case and how to challenge the seizure.

When Can Police Seize Your Car for Street Racing in San Antonio?

Texas Transportation Code Section 545.420 makes street racing on a highway illegal. When police believe a vehicle was used in a violation of this law, it may be seized and treated as contraband under Texas civil asset forfeiture laws. Police can take your car if they have probable cause to believe it was used for racing on a public road. The seizure can happen immediately at the scene. Officers typically impound the vehicle and then begin civil forfeiture proceedings separately from any criminal charges.

What Counts as Street Racing Under Texas Law?

Texas law defines racing broadly. You don't need to be competing against another vehicle to face seizure. These actions can trigger a vehicle seizure:

• Acceleration contests or "burnouts" in parking lots accessible to the public

• Speed competitions between two or more vehicles

• Driving to a racing event with the intent to participate

• Exhibition of acceleration on public roads

• Organizing or coordinating a racing event

While the statute does not state this directly, it can still apply to conduct in public parking lots or roadways when the facts fit the elements of the offense.

How Texas Civil Asset Forfeiture Laws Apply to Your Vehicle

Chapter 59 of the Texas Code of Criminal Procedure outlines how civil asset forfeiture works. After you receive notice, you generally have about 20 days to file a claim challenging the seizure. Missing this deadline can result in losing the vehicle automatically. The notice period begins when law enforcement sends the paperwork, not when it arrives. So, mail delays can create problems.

The government must then show, by a preponderance of the evidence, that the vehicle was used in criminal activity. This is a lower burden of proof than the "beyond a reasonable doubt" standard used in criminal cases.

Defenses and Legal Options for Challenging a Street Racing Vehicle Seizure

Texas law gives vehicle owners several possible defenses when a car is seized for alleged street racing. One important protection is the "innocent owner" defense. This may apply when you did not know your vehicle would be used for illegal racing, especially if someone else used it without your permission or did not tell you about their plans. To use this defense, you must show that you did not know about the racing and did not agree to your vehicle being used for it. Lenders and lien holders may also raise innocent owner claims to protect their financial interests.

You can also fight the seizure by filing a claim in the court handling the forfeiture case, often after posting a bond based on your vehicle’s value. At the hearing, you may challenge probable cause, present innocent owner evidence, or argue that forfeiture would be excessive. In some cases, negotiation or settlement may be a more practical option than a full trial.

Schedule a Free Consultation With a Bexar County, TX Asset Forfeiture Defense Attorney

If San Antonio police have seized your vehicle for street racing, the 20-day deadline to respond to forfeiture notices passes quickly. Missing it often means you could lose your car permanently. Attorney Arnold Spencer has been handling asset forfeiture cases for over 28 years. Call Spencer & Associates at 469-283-6126 today to discuss your options with a San Antonio, TX asset forfeiture defense lawyer you can trust.