Racing on Highways
A Criminal Traffic Offense in Florida
Click HERE for our FAQ Page on Racing

Bad News: While the legislature rewrites the "Racing on Highways" statute because of the 4th DCA's finding that it was unconstitutional, the 1st DCA found the statute to be constitutional.  So for now the State is again attempting to pursue this offense.  Please call (407) 841-5555.

"Racing on Highway" or street racing is not just a ticket. It is a misdemeanor criminal offense that is punishable for up to ONE YEAR in jail and a $1,000.00 FINE.  If convicted your drivers license will be SUSPENDED for a minimum of one year.  It may not seem like it - but this is a very serious offense.

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You're driving along when lights flicker behind you.  Pulling over, the policeman says you were street racing or highway racing.  You weren't but that does not matter because you are going to jail (or getting a criminal traffic summons) for racing on the highway.  It's a ticket, right? - just a citation? No it isn't.  It is a criminal traffic offense and you are very close to losing your license for a year for racing.  The maximum penalties for a first offense racing ticket are one year in jail and a $1,000.00 fine.  Your car can be impounded at your expense.  A second offense within 5 years and you car is forfeited to the State (this means the State owns your car).  Racing on public roadways of Florida is dangerous (as is speeding) but being found guilty with an offense that you did not commit is unacceptable.

The statute was found unconstitutionally vague by the Fourth District Court of Appeal on September 12, 2007 (final on September 28, 2007).  Expect the 2008 legislative season to put out a revised statute this year. 

While the legislature works on the new statute, the 1st DCA has found the old statute Constitutional.  So we are back to the defending stage of the old bogus law.  The proposed statutory changes includes the following:

Proposed "revamped" Racing on Highway statute key points (as of March 6, 2008) - this statute is tentatively set to become law on October 1, 2008:

• Defines the term "competition." This was a major flaw of the original statute which allowed law enforcement to arrest people on a guess.
• Unfortunately, the definitive terms of "competition" still will be allowed to be "reasonably . . . interpreted" by law enforcement under the "totality of the circumstances" standard (the most hollow standard ever created).
• Defines "exhibition of speed." Another major flaw apparently fixed.  The original statute had "exhibition of speed" being interpreted as "speeding," a civil infraction.
• Adds "exhibition of acceleration" and defines same.
• Makes it an infraction to watch people street race.  This seems to be overbroad allowing for registered owners of vehicles parked new a street race to be cited regardless of if they are actually there.
• Again makes a first offense a 2nd degree misdemeanor - this is good!
• Maintains the two year minimum suspension of the accused person's drivers license.  A second offense requires a five year suspension.
• BIG BAD PROVISION: Allows law enforcement to arrest people based upon probable cause arising from an anonymous tipster.  This seems to be an impossible leap.  This can mean that a person who wants to get another person in trouble can make an anonymous call claiming that ex-friend N was racing and cause an arrest.  Not only is it giving law enforcement authority to arrest on what will almost certainly be determined to be less than probable cause, even if PC is determined to exist the crime alleged could never be proven at trial.  End result, people arrested without possibility of conviction absent an uninformed plea by an unrepresented person.
• Allows law enforcement to impound vehicle immediately regardless of who registered owner is.  Increases minimum impoundment from 10 to 30 days.
• NEXT BIG MISTAKE: Cars may be seized upon first arrest!  This means the state can take your car.  If you owe money on it you will still be responsible to pay for it.  This even includes cars allegedly involved in racing driven by someone other than the owner.  AND the seizure can move forward regardless of outcome in the criminal case.  Start saving your money, this is going to get expensive...

*This information is based on the reading of Florida Senate Bill SB 2604 as written on March 5, 2008.

The finding by the Fourth District Court of Appeal does not mean that law enforcement will stop citing people for this offense.  It does give us a great weapon to use to get these charges dropped.  The State Attorney's will attempt to goad people into accepting a Reckless driving charge - still a criminal offense!  Don't accept this without talking to a criminal defense attorney.

The initial concern is that a finding of guilt for street racing results in an automatic year suspension of your driving privileges.

Street racing is a first degree misdemeanor punishable for up to a year in jail and a fine of $1,000.00 (Minimum $500).

There are many defenses that can be raised for someone charged with street racing. By entering a plea without an criminal defense attorney, you waive all defenses that could have possibly changed the outcome of your case.

The burden of proof is on the prosecutor to prove you were racing and not just speeding or starting fast - both only civil citations.

A conviction for Racing puts you at jeopardy of losing your car if you are arrested again for Racing within 5 years.

Most people arrested for Racing were not street racing!  By admitting to racing you may be admitting to something you did not do.

Remember - passing, speeding, starting fast, squealing tires, or arriving first at your destination are not criminal offenses by themselves. However, the statute is so poorly written that those things can be the basis for law enforcement making an arrest.  Don't admit to violating this statute (or any statute) that you do not fully understand.

Despite the fact that we already have criminal statutes to punish people for dangerous driving acts such as "reckless driving," "vehicular manslaughter," and "vehicular homicide," we now have a new statute open to broad interpretation.  This one is dangerously and poorly defined.  A poorly written criminal statute is a double-edged sword.  It allows law enforcement to arrest people who have not committed the intended prohibited act and it provides many legal defenses.

When hiring a criminal defense attorney for Street Racing, ask if he has defended this crime before?  Experience counts.  What type of results has he gotten? Has he written a proposed jury instruction for trial?  Because this is a relatively new crime the Florida Supreme Court has not established a standardized jury instruction.  If the attorney is serious about defending this crime he will have drafted his own for the trial court to consider.

If you want a Central Florida Criminal Defense Lawyer, practicing defense of street racing in Orange, Osceola, Seminole, Brevard, and Lake County, with answers to represent you, please click here.

A word to the wise: Don't allow someone else to convince you to race on public roads no matter how remote the location may seem.  For a small fee you can legally race at several venues in and around the Central Florida area.  Use those places to test your skills and power of your car.  The average amount of time in prison for vehicular manslaughter is from 10 to 20 years.  It just isn't worth it.