Have you been cited for street racing in Florida? In Florida, Street Racing (aka Highway Racing) is a misdemeanor criminal offense. One important fact you need to know is that even a first time conviction for street racing results in a mandatory, automatic two (2) year license revocation. Thus, it is imperative that you avoid a conviction at all costs!
Under Florida Satute 316.191, the term "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.
This definition is very broad and leaves much to the discretion of the officer who charged you with racing. At Taracks & Associates, we have represented thousands of people on traffic related offenses. In some instances, a driver is caught in a "drag race" type situation; however we are often times able to negotiate a plea deal that results in no conviction and our client keeping their license.
Other times, we may have to take a case to trial, requiring the State to prove that the driver actually did engage in a race as defined under the law. Because the statute is so broad, officers tend to over charge drivers with this crime. Because of this, in many instances the State may not be able to prove that the action you took was actually racing as defined by law. In any event, our firm will review the evidence the government has against you and will attempt to punch holes in the case in order to help you maintain your license and avoid a criminal record.
If you have been charged with street racing, call us today for a free, confidential consultation at (813) 377-2690. An attorney from our firm is available to meet with you within 24 hours. Taracks & Associates – The Advocate For You.