In 1978, in Darkness on the Edge of Town, Bruce Springsteen sang-
“Tonight, tonight the strip's just right
I want to blow 'em off in my first heat
Summer's here and the time is right
For racin' in the street”
Back then, a 1969 Chevy with a 396 had some serious acceleration and there were dangers that came along with street racing. As cars got lighter and faster those dangers increased and the Florida Legislature has now intervened to cut down on street racing.
Florida Statute 316.191 makes it illegal to
(a) Drive any motor vehicle (including motorcycles) in any race, on a roadway, or parking lot;
(b) In any manner participate in, coordinate, facilitate, or collect money at any location for any such race;
(c) Knowingly ride as a passenger in any such race; or
(d) Purposefully cause traffic to slow or stop for any such race.
Florida’s courts have held the Racing on Highways statute cannot be applied unless there are vehicles competing with each other. Reaves v. State, 979 So. 2d 1066, 1072 (Fla. 1st DCA 2008). And Florida law defines racing as a competition involving the use of one or more vehicles including:
That’s a lot of words by legislators to say racing is what we commonly think of as racing.
Racing on Highways as a first-degree misdemeanor, with penalties of up to one year in jail. In reality, barring an accident, death or injury, you are not going to go to jail for racing. However, there are some severe consequences to this charge-
As you can see, racing is expensive and is going to impact your ability to drive and keep your car on the road.
In Florida’s Racing on Highways statute, the term “conviction” means a determination of guilt that is the result of a plea or trial, regardless of whether adjudication is withheld. Even if you negotiate with the prosecutor for a withhold of adjudication of guilt, you are still considered “convicted” and will suffer the same consequences as a person who is adjudicated guilty of the offense. Because of the mandatory driver’s license suspension, it is a good idea to consult with a criminal defense attorney to address any charge of racing in Florida.
Often we are able to either defend the charges on the facts or negotiate with the State Attorney to amend the charge to a lesser offense. This can lower the fine and avoid the license suspension. Again, if you are facing a Racing on Highways charge in Pinellas County, give us a call. [See Our Video]
Bruce Denson