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Section 316.191, Florida Statutes
Information provided by the law office
of Eric J. Dirga, P.A.
If you have been arrested or cited for Racing on Highway contact us today.
(407) 841-5555
1. How does a "racing on
highway" ticket differ from a regular speeding ticket?
A "racing on highway" ticket is not a
civil infraction - it is a criminal traffic infraction similar to a DUI.
2. What is the difference between
a civil infraction and a criminal traffic infraction?
A civil infraction is punishable by a fine
and possible ramifications regarding your privilege to drive, such as a
suspension of your license. A criminal traffic infraction is a criminal offense punishable
by incarceration (jail or prison), fine, and/or probation.
3. What are the maximum penalties
that I face if I plead guilty to "racing on highway?"
By pleading guilty to "racing on highway"
you are potentially pleading to something you did not do and you face up to a
year in jail and up to a thousand dollar fine.
4. Is there any other penalties
that I could face other than the jail and fine?
Yes, if you plead guilty or no contest
your license will be suspended for one year for a first offense.
Also, your car (or motorcycle) can be impounded at your expense.
5. I have no priors - can't I
just go in and explain that to the judge?
Yes, but the judge cannot change the law. The prosecutors will love it
because you will end up making a statement that can be used against you.
When an unrepresented person just goes in court and pleads guilty or no contest
it makes the prosecutor's job easier and you get a "racing on highway" charge on your
record (not to mention the lost license for a year, the fine, the court costs,
plus the long-term effect this type of charge will have on your insurance or
background checks.). It can be an extreme punishment for a charge that may
inaccurately describe the situation or one that may not be able to be proved
beyond a reasonable doubt. By entering a plea of guilty or no contest, you will
basically convict yourself. Racing on the highway is a criminal offense and the
best way to address this situation is to hire a professional to represent you.
6. If this is my first offense
will I get jail if I plead?
The
answer is maybe. It depends on the factual basis (what the police report
says), the temperament of the judge, and the temperament of the prosecutor.
There are many factors at play in determining the outcome of your case, it is a
wise decision to be represented by someone familiar with the court system and
the people involved. Usually, a first offense will not result in a jail
sentence. However, other factors that the average person is unaware of,
such as whether the judge withholds the adjudication of guilt, are very
important things that must be considered.
7. This seems crazy. I
didn't do anything and I am facing all this. Why?
The law changed in 2002. Before then "racing on highway" was a civil
infraction. Since it has become a criminal offense, law
enforcement has gone from rarely citing people for the civil infraction to
over-zealously citing and arresting people for the criminal offense. It's
wrong but the only way to address that issue is to write your state
representative. In order to address the current situation you need to hire
an attorney familiar with this offense.
8. What does it cost to hire an
attorney for this type of citation?
Legal fees will vary because this is a relatively new offense. Most all
criminal defense attorneys in central Florida charge a flat fee, meaning a
specific amount - not an hourly rate. As with any professional service,
remember that the lowest fee you find may not be
the best representation. The same goes for the highest fee. When
hiring an attorney you need to consider his/her experience, familiarity with the
specific charge, preparation for trial, etc. (See
Eric J.
Dirga's profile). A typical fee for a first time
offense of "racing on highway" may run between $750 - $3500 or more.
(For a quote and to discuss your specific case, please call (407) 841-5555 or click
here).
9. My son was arrested for
"racing on highway," can you guarantee it will be dropped?
No. The Florida Bar will not permit
its members to predict the future for good reason - we can't. If a lawyer
guarantees any result in a criminal case, be wary. Having practiced
criminal law for over 10 years the one thing for certain is that nothing is
predictable in the criminal justice system.
10. What can we hope for if we
hire a lawyer to defend our son?
The most any lawyer can do is to represent their client to the best of
their ability. Our office is committed to providing the best service and
giving the best advice to each of our clients.
11. Is it worth
hiring an attorney to defend against Racing on the Highway?
Yes, although
the legal fee may be an unexpected expense it is a one-time cost that pales in
comparison to the effect a criminal traffic charge will have on your insurance
rates and your criminal arrest record. If not properly defended, a Racing on the
Highway charge (and a suspended license) can ultimately be an ever greater
expense.
Our clients can expect the
following possibilities:
There is always the chance we can have the
charges dropped by filing a motion to dismiss. This heavily depends on the
charging affidavit. A motion to dismiss must be made in good faith and not
all cases will allow that. Having the charge amended to a different
offense is a possibility. This works well with bad facts and a need to
keep a valid license. Having the charged amended to a civil citation such
as speeding or careless driving reduces the penalties significantly. This
lowers the penalties from a criminal offense to a lesser charge and is usually a
more accurate description of the actual events (i.e. speeding or careless
driving). Finally and most importantly, there is always the option to take the case to
trial. We begin preparation for that possibility from day one.
Remember, the prosecutor has to prove that you were "racing on highway" beyond a
reasonable doubt. As a former prosecutor, that burden is not always easy
to establish.
Are these cars racing or speeding?
It's not as easy an answer as you may think.
Whether the state can prove you were racing and not just speeding
will determine whether you keep
your license for the next year.
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