Records also show that Cunningham was arrested March 24 on separate charges of having an opener container of alcohol in his vehicle, and DUI alcohol or drugs.
Cunningham was released from jail the same day in the unrelated incident on $1,000 bail on the DUI charges.
According to South Daytona Police Department traffic homicide investigators, Cunningham and Eric Lane Marens, 19, also of New Smyrna Beach, were racing south on Nova Road, reaching speeds of at least 102 mph.
At the Intersection of Nova and Walton roads, Marens’ Ford Focus slammed into an Uber driver’s car, a Ford Escape, that was turning left on Walton Road to head to the Lamp Lighter Mobile Home Park, sending it 5 to 6 feet into the air. The airborne vehicle struck an electrical pole, police said.