Street racing in Florida is a crime, not a ticket. Florida Statute 316.191 covers racing on highways, street takeovers and stunt driving, and a first violation is a first-degree misdemeanor carrying up to 1 year in county jail, a fine of not less than $500 and not more than $2,000, and a mandatory 1-year driver license revocation. A second violation is a felony.
If you are facing charges, you need a strong criminal defense for street racing charges. Contact attorney Matt Shafran at Weinstein Legal Team to start building your case today. Do not face the courts alone. You have too much to lose. Mr. Shafran has years of experience in the courtroom, fighting for his clients' rights. He will fight aggressively for you as well.
What Are the Charges for Street Racing in Florida?
A first violation of Florida Statute 316.191 is a first-degree misdemeanor. A second violation within 1 year of a prior conviction is a third-degree felony under section 316.191(3)(b), and a third or subsequent violation within 5 years of a prior conviction is a second-degree felony under section 316.191(3)(e). Repeat street racing charges in Florida are not misdemeanors, which is the single thing most drivers get wrong about this offense.
If someone dies as a result of the race, the charge is vehicular homicide under Florida Statute 782.071, a second-degree felony, and a first-degree felony if the driver knew or should have known of the crash and left without giving information or rendering aid. Florida has no offense called vehicular manslaughter.
Because even a first offense carries jail time and a license revocation, hire a criminal defense attorney who works in criminal traffic law.
Penalties for Street Racing in Florida
A first conviction carries a mandatory 1-year driver license revocation under Florida Statute 316.191(3)(a), and you may request a hearing on it under Florida Statute 322.271. If you depend on your vehicle to get to and from work or to and from school, this can pose a significant risk to your livelihood and well-being. Similarly, if you use your vehicle to transport your children or to fulfill daily obligations and you do not have your license, life will become much more challenging.
A first offense carries a fine of not less than $500 and not more than $2,000 on top of court costs, and up to 1 year in county jail. Under Florida Statute 316.191(5) the court can order the vehicle impounded or immobilized as a condition of incarceration or probation. Where the violation happens during a coordinated street takeover, meaning 10 or more vehicles operated in an organized manner, section 316.191(3)(f) makes it a third-degree felony and lets the arresting agency move to seize a vehicle used to block or slow traffic for the event under the Florida Contraband Forfeiture Act.
As a misdemeanor charge, street racing will appear on background checks, and it will go on your criminal record. Employers and landlords will be able to see this.
Penalties for Multiple Convictions
A second violation within 1 year of a prior conviction is a third-degree felony under Florida Statute 316.191(3)(b): a fine of not less than $2,500 and not more than $4,000, up to 5 years in prison, and a 2-year license revocation. A third or subsequent violation within 5 years of a prior conviction is a second-degree felony under section 316.191(3)(e): a fine of not less than $3,500 and not more than $7,500, up to 15 years in prison, and a 4-year license revocation. Knowingly impeding or interfering with an authorized emergency vehicle responding to an unrelated emergency during any of these offenses is a separate third-degree felony under section 316.191(3)(c).
How Does the State Prove Guilt?
As with all other criminal charges in the United States, you are innocent until proven guilty. If you are facing charges for street racing in Florida, you must appear in court. Also, as with all other criminal charges, the prosecutor's office must prove beyond a reasonable doubt that you are guilty of committing the crime.
In the state of Florida, street racing convictions are proven by examining the following things:
- The State must prove you drove in a race, drag race, street takeover, stunt driving, speed competition or exhibition of speed on a highway, roadway or parking lot
- For a race, the State must prove a challenge to demonstrate superiority of a vehicle or driver and your acceptance of or competitive response to it, not merely speed
- A race under Florida Statute 316.191(1)(h) can involve one or more vehicles; a drag race under section 316.191(1)(e) is the one that requires two or more vehicles side by side, or a common course run from the same point to the same point
Florida Statute 316.191(1)(h) defines what a race is, and the State has to prove one of the following:
- You attempted to outgain or outdistance another vehicle
- You attempted to prevent another vehicle from passing
- You attempted to arrive at a given destination ahead of another vehicle
- You were testing the physical stamina or endurance of drivers over a long-distance driving route
Intent is the hard part for the State, and it usually proves intent by inference. Florida Statute 316.191(1)(h) lets a finder of fact treat conduct as a challenge to race where the totality of the circumstances can reasonably be read that way, so the defense work sits in the facts: what the vehicles actually did, what the officer actually saw, and what the dashcam and phone video show. Whether the State can carry its burden depends on that evidence.
Facing Charges When You Are Not the Driver
You do not have to be driving. Florida Statute 316.191(2) also reaches anyone who knowingly rides as a passenger, coordinates or facilitates the event through social media or otherwise, collects money at the location, purposefully slows or blocks traffic for it, drives a vehicle in order to film the participants, or carries fuel for a vehicle in the event. Bona fide news media are excluded from the filming provision. Each of those carries the same first-degree misdemeanor penalty as driving in the race.
Spectators are treated differently. Under Florida Statute 316.191(4), being a spectator at a race, drag race or street takeover is a noncriminal traffic infraction punishable by a $400 fine. Betting on the event, filming it or posting it on social media are among the factors a court weighs in deciding whether you were a spectator rather than a bystander.
If any of these situations apply to your charges, it is still imperative that you hire a defense attorney to represent you in court.
How to Avoid Conviction
In Florida, street racing convictions can be avoided. It is possible to have your charges dropped or dismissed entirely. Remember, a prosecutor's office must be able to prove beyond a reasonable doubt that you were racing with intent against another vehicle, and not just speeding on the highway. An experienced defense attorney can help show that this was not the case. Your criminal charge may be dropped, in which case you may still have to pay a fine for speeding and receive points on your driver's license.
However, having to pay a speeding ticket is much better than having to hand over your driver's license and spend time in jail. Your lawyer may be able to prove that you were not racing. Instead, perhaps you accelerated too quickly. Or, you were weaving in and out of traffic without having another vehicle involved. Sometimes this looks like street racing to police officers when it isn't.
Hiring an Attorney
If you are facing a criminal traffic charge for street racing in Florida, do not wait to contact an attorney. While you may think that the charge will not stand up in court, you have too much to lose by taking the chance. An aggressive attorney will begin building your defense case immediately. That attorney is Matt Shafran at Weinstein Legal Team.
At Weinstein Legal Team, the phones are open 24-hours a day 365-days a year. There will never be a time when your inquiry regarding a charge goes unanswered. We offer a free case evaluation with no obligation.
If you require legal representation, call 954-845-0505 and ask for Criminal Defense Attorney Matt Shafran.
