Orlando Street Racing Defense

Racing on the Highway, the civil citation criminalized in 2002, is now a First Degree Misdemeanor. However, the police seem to think everything is racing these days - don't accept that.  Don't accept a year-long driver's license suspension for something you did not do or simply cannot be proven.  There are often many defenses to the charge of drag racing or street racing.  We fight every step of the way so that the collateral consequence - a 1-year diver's license suspension - does not happen to you.

We have been successful in defending people charged with street racing since 2002, when it was changed from a civil infraction into a criminal charge.

"Racing on Highway" or street racing is not just a ticket. It is a misdemeanor criminal traffic offense that is punishable for up to ONE YEAR in jail and a $1,000.00 FINE. If convicted your drivers license will be SUSPENDED for a minimum of one year. It may not seem like you've done anything wrong - but this is a very serious offense.

Call (407) 841-5555 for a free consultation
- click Street Racing Questions for Racing FAQs -
- click Street Racing Law to read the statute -

The Scenario - it does not take much to be charged with Street Racing.

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. The maximum penalties for a first offense racing ticket are one year in jail and a $1,000.00 fine. 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). Racing on public roadways of Florida is dangerous (as is speeding) but being found guilty with an offense that you did not commit is unacceptable.

Well, wait a minute - the police wouldn't charge me with street racing if I wasn't racing, right?  It's not what you were actually doing - it is what the police "perceived" you were doing that counts for them.  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).
• Making a u-turn in a "known" racing place (?).
• Driving over the speed limit beside another vehicle (civil infraction).
• Speeding (a civil infraction)
• Careless Driving (a civil infraction)
• Improper passing (a civil infraction)

The Current Statute on Street Racing

The statute was found unconstitutionally vague by the Fourth District Court of Appeal on September 12, 2007 (final on September 28, 2007). The finding by the Fourth District Court of Appeal does not mean that law enforcement will stop citing people for this offense. It does give us a great weapon to use to get these charges dropped. The State Attorney's will attempt to goad people into accepting a Reckless driving charge - still a criminal offense! Don't accept this without talking to a criminal defense attorney experienced in handling these types of offenses.

Now, the First District Court of Appeal has decided that the statute is constitutional.  This was decided in March of 2008.  The new proposed law has been scrapped while the conflict between the courts goes before the Florida Supreme Court.  Until then, law enforcement will be out citing more people for street racing.

For a break down of the statute go to my Florida Street Racing Law page.

Concerns facing the driver accused of Street Racing

The initial concern is that being found guilty of street racing results in an automatic one year suspension of your driving privileges. This means you cannot drive at all unless the DMV allows you to receive a restricted license. Street racing is also a first degree misdemeanor punishable for up to a year in jail and a fine of $1,000.00 (Minimum $500 per statute).

There are many defenses that can be raised for someone charged with street racing. By entering a plea without an criminal defense attorney, you waive all defenses that could have possibly changed the outcome of your case. Remember that the burden of proof is on the prosecutor to prove you were racing and not just speeding or starting fast - both of which are only civil citations.

A conviction for Racing puts you at jeopardy of losing your car if you are arrested again for Racing within 5 years. This means if you are found guilty once and are just stopped and accused of racing a second time within 5 years the State of Florida will "seize" you car (take it from you). Any amount still owed on the car will still be obligated to you to pay.

Never admit to racing! Most people arrested for Racing were not, by definition, street racing! By admitting to racing you may be admitting to something you did not do. Your admission, however, can be used against you in court.

Remember - passing, speeding, starting fast, squealing tires, or arriving first at your destination are not criminal offenses by themselves. However, the statute is so poorly written that those things can be the basis for law enforcement making an arrest. Don't admit to violating this statute (or any statute) that you do not fully understand.

Despite the fact that we already have criminal statutes to punish people for dangerous driving acts such as "reckless driving," "vehicular manslaughter," and "vehicular homicide," we now have a new statute open to broad interpretation. This one is dangerously and poorly defined. A poorly written criminal statute is a double-edged sword. It allows law enforcement to arrest people who have not committed the intended prohibited act and it provides many legal defenses.

When hiring a criminal defense attorney for Street Racing, ask if he has defended this crime before? Experience counts. What type of results has he gotten? Has he written a proposed jury instruction for trial? Because this is a relatively new crime the Florida Supreme Court has not established a standardized jury instruction. If the attorney is serious about defending this crime he will have drafted his own for the trial court to consider.

Don't get Tricked into Street Racing - Race at designated legal tracks...

A word to the wise: Don't allow someone else to convince you to race on public roads no matter how remote the location may seem. For a small fee you can legally race at several venues in and around the Central Florida area. Use those places to test your skills and power of your car. The average amount of time in prison for vehicular manslaughter is from 10 to 20 years. If you think it can't happen to you - you'll have a lot of time to consider that in prison.

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.

Our Office...

We represent people who have been accused of street racing.  Most were simply driving fast.  Others were passing someone.  And others were side by side with a person in front waving a flag.  Don't accept the police's conclusions.  Contact us to set up a consultation.  Whether in person or over the phone our consultations are always free.

Criminal Traffic Cases We Defend

Street Racing	Drunk Driving
Driving with Suspended License	Motorcycles
Habitual Traffic Offender	Reckless Driving
Leaving Scene of Accident	2nd Refusal
Violation of DL Restriction	All Tickets
Fleeing Eluding Police	Probation Violations

Why The Street Racing Statute is So Bad for the Rest of Us

The Florida street racing statute, titled "Racing on the Highway," was adopted from other states' legislation prohibiting, or trying to prohibit, street races.  Unfortunately, the statute is so obviously vague that it has been attacked ruthlessly by criminal defense attorneys.  The statute Florida adopted and passed into law was actually rejected by other states for that very reason.  Today in Florida the statute has been stricken down in one district because of its unconstitutional vagueness.

More Information Regarding "Racing On Highway"

Racing On Highway Defense

Racing On Highway Questions and Answers

Racing On Highway Law

Imagine a law that criminalizes such vague concepts as "exhibition of speed," or "arriving at a given destination ahead of another vehicle."  If you can imagine that you are pretty close to imagining the Florida Street Racing statute.  Vagueness, in this context, means that a law can be interpreted by law enforcement to illegalize potentially innocent conduct.  Speeding is against the law already - but it is not a crime.  Under the racing statute the police have a choice - this is unconstitutional.

When laws are so vague that the average citizen is unable to discern innocent conduct from criminal conduct the law is unconstitutional.  For instance, "preventing another car from passing" is a criminal act under the street racing statute.  It happens to also be a civil infraction under s. 316.083, FS.  What is the difference? That can only come from the subjective determinations of a police officer - unconstitutional.

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