Street Racing Charges
Lawyers For Street Racing Citations
Recently the state of Florida has cracked down on “street racing” activities. New laws have made it easier to charge people with all sorts of activities that are illegal on public roadways such as burnouts, wheelies, drifting, “take over events,” drag racing or any type of competition with speeding.
Potentially. Florida’s street racing law isn’t limited to the traditional image of two cars racing side-by-side. Section 316.191 covers several types of prohibited conduct and defines a drag race in a way that can include one or more vehicles traveling a selected course to compare speed or acceleration. The statute also separately addresses activities such as burnouts, drifting and other stunt-driving behavior.
Frequently Asked Questions About Florida Street Racing Charges
Is street racing a crime in Florida?
Yes. Florida Statute § 316.191 prohibits racing on highways, street takeovers, stunt driving and a variety of related activities. The law covers more than two cars simply racing side-by-side. Depending on the circumstances, prohibited conduct can include drag racing, acceleration contests, drifting, burnouts, doughnuts, street takeovers and other exhibitions of speed or acceleration.
What is considered street racing under Florida law?
Florida’s definition of racing is broad. A race can involve drivers competing to outgain or outdistance one another, prevent another vehicle from passing, reach a destination first or otherwise respond competitively to a challenge. Importantly, the race does not necessarily have to be planned in advance. A spontaneous challenge between drivers can potentially result in a street racing charge.
Can I be charged with street racing if there wasn't another car?
Potentially. Florida’s street racing law isn’t limited to the traditional image of two cars racing side-by-side. Section 316.191 covers several types of prohibited conduct and defines a drag race in a way that can include one or more vehicles traveling a selected course to compare speed or acceleration. The statute also separately addresses activities such as burnouts, drifting and other stunt-driving behavior.
Can doing a burnout or doughnut get me arrested in Florida?
Yes. Florida law specifically defines burnouts and doughnuts within its statute governing racing, street takeovers and stunt driving. Depending on the facts, performing these maneuvers on a roadway or in a parking lot can expose a driver to criminal charges rather than simply an ordinary traffic ticket.
Is drifting illegal in Florida?
Drifting can result in charges under Florida’s street racing and stunt-driving statute. Florida law specifically defines drifting as intentionally steering a vehicle into a controlled sideways skid through a turn with the front wheels pointed opposite the direction of the turn.
Can you be arrested for street racing in Florida?
Yes. Street racing is not merely a standard speeding citation. Florida law allows law enforcement to arrest a person when an officer has probable cause to believe that the person committed an offense covered by the street racing statute. A street racing case should therefore be treated much more seriously than an ordinary civil traffic ticket.
What is the penalty for a first street racing conviction in Florida?
Under the current version of Florida Statute § 316.191, a violation can constitute a first-degree misdemeanor. A person convicted of a qualifying offense faces a $500 to $2,000 fine, and the Florida Department of Highway Safety and Motor Vehicles must revoke the person’s driver’s license for one year. Additional criminal penalties may also apply.
Can a second street racing charge become a felony in Florida?
Yes. Florida has substantially increased the consequences for repeat offenses. A second violation of the applicable portion of § 316.191 committed within one year after a prior qualifying conviction is a third-degree felony, with a statutory fine of $2,500 to $4,000, in addition to other potential criminal and driver’s-license consequences.
Can police impound a car for street racing?
Vehicle impoundment or immobilization can be a consequence associated with Florida street racing cases. This is one reason these cases can have consequences far beyond the initial arrest or citation. Anyone facing a street racing allegation involving an impounded vehicle should speak with an attorney about both the criminal case and the status of the vehicle.
Can a passenger be charged in connection with street racing?
Yes. Florida law makes it illegal to knowingly ride as a passenger in certain prohibited races, competitions, contests, tests or exhibitions. That means you don’t necessarily have to be behind the wheel to face legal consequences from a street racing event.
Can spectators get in trouble at a Florida street takeover?
Yes. Florida’s law extends beyond the drivers. Depending on the circumstances, people who knowingly participate in, facilitate or attend prohibited street racing or takeover activity can face legal consequences. The statute also addresses people who intentionally block or slow traffic to facilitate these events.
Can someone be charged for organizing a street race or takeover?
Yes. Florida law prohibits more than actually driving in a race. It can also apply to someone who participates in, coordinates, facilitates or collects money for prohibited racing, street takeover, stunt-driving or related activity.
Is street racing the same thing as speeding in Florida?
No. Speeding and street racing are different offenses. A driver can potentially be charged with street racing based on competitive or stunt-driving conduct even when the case isn’t simply about how far above the speed limit the vehicle was traveling.
Florida also has a separate dangerous excessive speeding law covering driving 50 mph or more over the speed limit or driving 100 mph or faster in a manner that threatens people or property or interferes with another vehicle. That offense can carry criminal penalties of its own.
Can I be charged with both speeding and street racing?
Potentially. The circumstances surrounding a driving incident can result in multiple allegations. For example, police may allege street racing along with speeding, reckless driving or another traffic or criminal offense. Each charge has its own elements that the prosecution must establish.
How can a street racing lawyer fight the charge?
The defense depends heavily on the facts. A traffic attorney may examine whether the evidence actually establishes a race, competition, stunt or other conduct prohibited by § 316.191. Other issues may include the officer’s observations, identification of the driver or vehicle, video evidence, witness testimony, whether another driver’s actions were incorrectly interpreted as a challenge to race, and whether the prosecution can establish the required elements beyond a reasonable doubt.
Simply driving fast near another vehicle does not automatically establish every element of a street racing offense.
Should I hire a lawyer for a Florida street racing charge?
Because street racing allegations can involve a criminal record, substantial fines, driver’s-license revocation, vehicle consequences and even felony exposure for certain repeat offenses, it is worth having the case reviewed by an attorney rather than treating it like an ordinary traffic citation.
The Ticket Clinic has been handling traffic-related cases for more than 35 years. If you’ve been arrested or cited for street racing, drag racing, a street takeover, drifting, a burnout or another alleged violation of Florida Statute § 316.191, text a picture of your ticket or paperwork to 305305 for a fast and free quote.
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Hiring a Street Racing Attorney Can Make the Difference
Many street racing-related offenses are considered to be very serious. They could include very large fines, multi-year license suspensions and even impoundment of vehicles. Now the state has more power than ever to make charges stick, they can even charge spectators and passengers! Our attorneys are ready to fight these offenses. Check out some of our recent criminal traffic wins.