Common Questions Regarding Florida's Street Racing Law
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We have defended racing cases since they became a crime...
I practice criminal and traffic 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.
| COMMON "RACING ON HIGHWAY" QUESTIONS AND ANSWERS |
| 1.
How does a "racing on highway" ticket differ from a regular speeding
ticket? A "racing on highway" ticket is not a non-criminal civil infraction - it is a criminal traffic infraction similar to a DUI. |
| 2. What is the
difference between a civil infraction and a criminal traffic
infraction?
A civil infraction is punishable by a fine and possible ramifications regarding your privilege to drive, such as a suspension of your license. A criminal traffic infraction is a criminal offense punishable by incarceration (jail or prison), fine, and/or probation. |
| 3. What are
the maximum penalties that I face if I plead guilty to "racing on
highway?" By pleading guilty to "racing on highway" you are potentially pleading to something you did not do. I write this based on my experience defending Racing cases. The maximum penalties for Racing on the Highway are up to a year in jail and up to a thousand dollar fine. On top of those penalties you will have your license suspended for one year. |
| 4. Is there any
other penalties that I could face other than the jail and fine?
Yes, if you plead guilty or no contest your license will be suspended for one year for a first offense. Also, your car (or motorcycle) can be impounded at your expense. |
| 5. I
have no priors - can't I just go in and explain that to the judge?
Yes, but the judge cannot change the law. The prosecutors will love it because you will end up making a statement that can be used against you. When an unrepresented person just goes in court and pleads guilty or no contest it makes the prosecutor's job easier and you get a "racing on highway" charge on your record (not to mention the lost license for a year, the fine, the court costs, plus the long-term effect this type of charge will have on your insurance or background checks.). It can be an extreme punishment for a charge that may inaccurately describe the situation or one that may not be able to be proved in court. By entering a plea of guilty or no contest, you will basically convict yourself. Racing on the highway is a criminal offense and the best way to address this situation is to hire a professional to represent you. |
| 6. If this is my
first offense will I get jail if I plead?
The answer is maybe. It depends on the factual basis (what the police report says), the temperament of the judge, and the temperament of the prosecutor. There are many factors at play in determining the outcome of your case, it is a wise decision to be represented by someone familiar with the court system and the people involved. Usually, a first offense will not result in a jail sentence. However, other factors that the average person is unaware of, such as whether the judge withholds the adjudication of guilt, are very important things that must be considered. |
| 7. This seems
crazy. I didn't do anything and I am facing all this.
Why?
The law changed in 2002. Before then "racing on highway" was a civil infraction. Since it has become a criminal offense, law enforcement has gone from rarely citing people for the civil infraction to over-zealously citing and arresting people for the criminal offense. It's wrong but the only way to address that issue is to write your state representative. In order to address the current situation you need to hire an attorney familiar with this offense. |
| 8. What does it
cost to hire an attorney for this type of citation?
Most all criminal defense attorneys in central Florida charge a flat fee, meaning a specific amount - not an hourly rate. As with any professional service, remember that the lowest fee you find may not be the best representation. The same goes for the highest fee. When hiring an attorney you need to consider his/her experience, familiarity with the specific charge, preparation for trial, etc. (For a quote and to discuss your specific case, please call (407) 841-5555). |
| 9. My son was arrested for "racing on highway," can you guarantee it will be dropped? No. The Florida Bar will not permit its members to predict the future for good reason - we can't. If a lawyer guarantees any result in a criminal case, be wary. Having practiced criminal law for over 15 years the one thing for certain is that nothing is predictable in the criminal justice system. That being said we are confident that we can provide you with the best representation in Central Florida regarding racing charges. |
| 10. What can we hope for if we hire a lawyer to
defend our son?
The most any lawyer can do is to represent their client to the best of their ability. Our office is committed to providing the best service and giving the best advice to each of our clients. We represent people accused of racing and have since it was changed to a crime in 2002. Your son deserves the best representation and that's what we strive to deliver. |
| 11. Is
it worth hiring an attorney to defend against Racing on the Highway? Yes, although the legal fee may be an unexpected expense it is a one-time cost that pales in comparison to the effect a criminal traffic charge will have on your insurance rates and your criminal arrest record. If not properly defended, a Racing on the Highway charge (and a suspended license) can ultimately be an ever greater expense. |
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