Florida Racing on Highway Defense
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Racing on Highway Questions & Answers |
Racing on Highway Statute & Analysis |
Street Racing, since 2002, is now a First Degree Misdemeanor. This offense carries with it a one year driver's license revocation that is enforced by the Department of Highway Safety and Motor Vehicles. Due to the way the law is written, the police charge many acts as street racing that are simply innocent conduct.
"Racing on Highway" or street racing is not just a ticket. As noted above, it is a misdemeanor criminal traffic offense that is punishable for up to one year in jail and a $1,000.00 fine. If you have been cited for racing - it may not seem like you've done anything wrong or that it is very serious - but the consequences of these charges makes Racing on the Highway a very serious charge.
Hire An Attorney Who Knows the Defenses
I practice strictly criminal law. I have been doing so since 1995. My staff and I will vigorously defend your case and keep you informed of all new developments. We do not rest until your case has been resolved and we do not avoid trials. I practice criminal trial law and criminal appellate law. I know the law and the defenses that apply to your case. I have studied the law and constantly stay abreast of all new legal cases that may help my clients (See my Law Blog for Attorneys). This is what I do and I want your good word of mouth when your case is resolved.
My Advice: Never Plead Guilty to a Racing Charge
The simple truth is these charges must be defended. Most of the time the offense cannot be proven in court. You deserve to be represented by a lawyer that has fought these charges successfully since it became a crime. We are successful in defending people charged with street racing. We know the law and we know how to defeat the accusations that are often just fantasy made up in the mind of the police.
Call (407) 841-5555
for a free consultation
- click
Street Racing Questions
for Racing FAQs -
- click
Street Racing Law to read the statute -
- click The Drivers Dilemma to
read about the process that is facing you -
The Police Are Still Charging People For Innocent Conduct
You're driving along when lights flicker
behind you. You look in your rearview mirror and see a police
vehicle pulling you over. You immediately pull over and stop. The
policeman says you were street racing or highway racing or drag
racing. You deny
the accusation but that does not matter because the officer has
already placed you in cuffs and you are going to jail for racing on
the highway. Sometimes the officer will just give you the ticket and
tell you about a mandatory court date.
It's a ticket, right? - just a citation? No it isn't. It is a criminal traffic offense and you are very close to losing your license for a year. The reason - you are being accused of street racing or drag racing even if you were only speeding or trying to pass another vehicle. Your car can (and probably will) be impounded at your expense. A second offense within 5 years and you car is forfeited to the State (this means the State owns your car - another reason to fight these racing charges). Racing on public roadways of Florida is dangerous (as is speeding) but being found guilty of an offense that you did not commit is unacceptable.
This Law is So Vague the Police Often Make Inappropriate Arrests
Well, wait a minute - the police wouldn't charge me with street racing if I wasn't racing, right? WRONG! It's not what you were actually doing - it is what the police "perceived" you were doing that counts for them. But not even the police know the law that well - they are people like you and me and they get it wrong quite a bit of the time. I've represented people who were charged with racing for the following innocent activity:
- Accelerating from a stop light too fast (according to the police officer).
- Driving around a corner with bald tires - single car. (tires squealed - police said racing).
- Making a u-turn in a "known" racing place (? Considered racing by police).
- Driving over the speed limit beside another vehicle (should be civil infraction).
- Speeding (a civil infraction)
- Careless Driving (a civil infraction)
- Improper passing (Motorcycle passing between cars - a civil infraction)
For a break down of the statute go to my Florida Street Racing Law page.
Currently, the Racing statute requires a one-year license suspension if you are caught racing. The legislature is working on making the fines and suspensions more harsh for STREET RACING. If you want to save your license and money - go to a licensed race track to test your cars.
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