Racing on the Highway
Understanding the Penalties for Racing on the Highway
Penalties for Racing on the Highway have been recently increased. The Florida legislature has amended the Florida Racing on Highway statue, and anyone charged with racing can face the following:
- Up to 90 days in Jail
- Mandatory one year drivers license suspension for a first conviction
- Mandatory two years drivers license suspension for a second conviction
- Mandatory adjudication or conviction on your record
- Mandatory fines between $500 and $1,000 fine for a first conviction, $2,500 for a second conviction
- Impoundment of the vehicle used by the defendant
- Seizure and forfeiture of the vehicle involved in the race if the Defendant had a prior conviction for racing within the past 5 years
What is considered 'racing' under Florida Law?
A “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…Fla Statutes 316.191 (1) (c).
What is drag racing under Florida law?
A “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. Fla Statutes 316.191 (1) (c)
Racing can be a difficult charge for a State attorney to prove. The statute is written in vague terms, and such lack of defination can lead to procescution of what would otherwise be innocent conduct behind the wheel.
As Skubiak & Rivas, we aggressively challenge Florida Racing on the Highway cases by closely analyzing the facts of the case and looking for possible defenses. In many cases, the police officer will charge individuals with Racing of the Highway, when the facts merely support just a civil infraction such as:
- Speeding – Was the client simply speeding and not aware of other driver’s conduct?
- Careless driving – Was the client simply not paying attention to his speed or driving?
- Improper start – Did the driver simply commit a simple traffic infraction?
Our experience in defending thousands of traffic related cases allow us to successfully challenge many of these improperly charged “racing” cases.
Our attorneys at Skubiak & Rivas, P.A. have spent years representing client charges with Racing on the Highway. We have challenged numerous cases based on the vagueness, and lack of clearly defined illegal conduct. Our traffic attorneys have always worked diligently on behalf of our client to have these charges dismissed and avoid the consequences that Florida Law has dictated.
If you have been charged with a Racing on the Highway offense or any other traffic or criminal offense, contact us for a FREE initial consultation at 407-894-4449.