Racing on a Highway in Florida – Florida Racing on a Highway Ticket Defense Lawyer

Street racing is an extremely serious violation in Florida, and is considered a criminal offense in which the driver involved in the race will be charged with a first degree misdemeanor and extremely severe penalties.

Florida statute 396.191 states the following in regards to street racing…

(a) “Conviction” means a determination of guilt that is the result of a plea or trial, regardless of whether adjudication is withheld.(b) “Drag race” means the operation of two or more motor vehicles from a point side by side at accelerating speeds in a competitive attempt to outdistance each other, or the operation of one or more motor vehicles over a common selected course, from the same point to the same point, for the purpose of comparing the relative speeds or power of acceleration of such motor vehicle or motor vehicles within a certain distance or time limit.

(c) “Race” means the use of one or more motor vehicles in competition, arising from a challenge to demonstrate superiority of a motor vehicle or driver and the acceptance or competitive response to that challenge, either through a prior arrangement or in immediate response, in which the competitor attempts to outgain or outdistance another motor vehicle, to prevent another motor vehicle from passing, to arrive at a given destination ahead of another motor vehicle or motor vehicles, or to test the physical stamina or endurance of drivers over long-distance driving routes. A race may be prearranged or may occur through a competitive response to conduct on the part of one or more drivers which, under the totality of the circumstances, can reasonably be interpreted as a challenge to race.

It is important for a charged individual to know the exact terminology for street racing because many individuals are unjustly charged and should fight their accusation in court. The reason for this is that the penalties for street racing are significantly higher than the charges for simply speeding, which may be the charge that the accused individual should have received.

The Penalties for Street Racing

The penalties for street racing are strict and heavily enforced because street racing is deemed extremely dangerous and puts other people’s, including the driver’s, lives in endanger.

The penalties for street racing are as follows:

First time offender

  • Jail time (usually no more than a year)
  • Automatic one year license suspension
  • Up to a $3000 fine
  • Possible impoundment of vehicle

Second time offender, if within a five year time frame from the first offense

  • Automatic two year license suspension
  • Jail time
  • Fine between $1000 to $3000
  • Law enforcement can permanently seize vehicle

Third time offender, if within five years of the second offense:

  • Four year license suspension
  • Fine between $2000 and $5000
  • Jail time

In addition, it is important to understand that a passenger in a car accused of street racing can face the same penalties as the driver.

Although street racing is a criminal offense, the charge will also be documented on a person’s driving record and therefore will cause the individual’s insurance rates to increase.

Defenses

There is a difference between a driver speeding on a highway and a driver involved in a street race. The prosecution must be able to prove that the accused individual was, without a shadow of a doubt, involved in a race. This is not easy to prove and that is why this charge should be fought in court.

Call an Attorney Today

If you have been charged with street racing you should contact a lawyer immediately so that they can investigate and fight on your behalf before any of your charges are set in stone. Here at Finebloom, Haenel& Higgins, we know how to fight your case and we have been doing it for over 30 years. Call us today and speak to one of our attentive and friendly employees that are available 24/7 to help you get justice. Contact us anytime at 1-800-FIGHT-IT (1-800-344-4848).

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