Florida: Racing on the Highway s. 316.191 Fla. Stat.
Below I have written the Florida Statute that criminalizes street racing. Street racing is dangerous and endangers not only the life of the drivers but also the lives of passengers and bystanders. However, this law is so vague that it also punishes people who were not violating the law.
Everyone needs to consider the following facts - because the street racing law can be charged even when you are not street racing. First, a citation written for a criminal offense is the charging document. This means at the moment the police write the citation you are officially charged with a crime. There is no review by the Office of the State Attorney before a crime is charged. Second, law enforcement only needs probable cause to charge a criminal offense. Probable cause is much less than proof beyond a reasonable doubt. Third, judges drive on the same roads as the rest of us and see the irresponsible driving that is considered street racing. That label walks into court already condemned.
Please take your time reading the actual Florida law below.
| 316.191 Racing on highways.-- | My comments: |
| (1) As used in this section, the term: | |
| (a) "Conviction" means a determination of guilt that is the result of a plea or trial, regardless of whether adjudication is withheld. | This means that you will lose your license for the specified amount of time if found guilty. |
| (b) "Drag race" means the operation of two or more motor vehicles from a point side by side at accelerating speeds in a competitive attempt to outdistance each other, or the operation of one or more motor vehicles over a common selected course, from the same point to the same point, for the purpose of comparing the relative speeds or power of acceleration of such motor vehicle or motor vehicles within a certain distance or time limit. | |
| (c) "Race" means the use of one or more motor vehicles in competition, arising from a challenge to demonstrate superiority of a motor vehicle or driver and the acceptance or competitive response to that challenge, either through a prior arrangement or in immediate response, in which the competitor attempts to outgain or outdistance another motor vehicle (this defines passing), to prevent another motor vehicle from passing (prohibited as a civil infraction under s. 316.083, F.S.), to arrive at a given destination ahead of another motor vehicle or motor vehicles (this is innocent conduct), or to test the physical stamina or endurance of drivers over long-distance driving routes (vague: does this include over-the-road truckers?). A race may be prearranged or may occur through a competitive response to conduct on the part of one or more drivers which, under the totality of the circumstances, can reasonably be interpreted (by police) as a challenge to race. | The red lettering is not part of the statute. I am simply pointing out the vagueness that is within this law. |
| (d) "Spectator" means any person who is knowingly present at and views a drag race, when such presence is the result of an affirmative choice to attend or participate in the race. For purposes of determining whether or not an individual is a spectator, finders of fact shall consider the relationship between the racer and the individual, evidence of gambling or betting on the outcome of the race, and any other factor that would tend to show knowing attendance or participation. | The wording "any other factor that would tend to show knowing attendance or participation" opens the door for a whole host of abuses. |
| (2)(a) A person may not: | |
| 1. Drive any motor vehicle, including any motorcycle, in any race, speed competition or contest, drag race or acceleration contest, test of physical endurance, or exhibition of speed or acceleration or for the purpose of making a speed record on any highway, roadway, or parking lot; | |
| 2. In any manner participate in, coordinate, facilitate, or collect moneys at any location for any such race, competition, contest, test, or exhibition; | |
| 3. Knowingly ride as a passenger in any such race, competition, contest, test, or exhibition; or | |
| 4. Purposefully cause the movement of traffic to slow or stop for any such race, competition, contest, test, or exhibition. | |
| Any person who violates any provision of this paragraph commits a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083. Any person who violates any provision of this paragraph shall pay a fine of not less than $500 and not more than $1,000, and the department shall revoke the driver license of a person so convicted for 1 year. A hearing may be requested pursuant to s. 322.271. | Minimum punishment for street racing: $500 fine, 1-year license suspension, and court costs (approx. $250). A first degree misdemeanor is punishable for up to 1 year in jail. |
| (b) Any person who violates paragraph (a) within 5 years after the date of a prior violation that resulted in a conviction for a violation of this subsection commits a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083, and shall pay a fine of not less than $500 ($1,000; HB 97) and not more than $1,000 ($3,000; HB 97). The department shall also revoke the driver license of that person for 2 years. A hearing may be requested pursuant to s. 322.271. | Green lettering indicates current proposed amendments that are not yet law. |
| [(c) Any person who commits a third violation of paragraph (a) within 5 years after the date of a prior violation that resulted in a conviction for a violation of this subsection commits a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083, and shall pay a fine of not less than $2,000 and not more than $5,000. The department shall also revoke the driver license of that person for 4 years. A hearing may be requested pursuant to s. 322.271. HB 97.] | |
| (c) In any case charging a violation of paragraph (a), the court shall be provided a copy of the driving record of the person charged and may obtain any records from any other source to determine if one or more prior convictions of the person for violation of paragraph (a) have occurred within 5 years prior to the charged offense. | |
| (3)(a) A person may not be a spectator at any drag race prohibited under subsection (2). | |
| (b) A person who violates the provisions of paragraph (a) commits a noncriminal traffic infraction, punishable as a moving violation as provided in chapter 318. | |
| (4) Whenever a law enforcement officer determines that a person was engaged in a drag race or race, as described in subsection (1), the officer may immediately arrest and take such person into custody. The court may enter an order of impoundment or immobilization as a condition of incarceration or probation. Within 7 business days after the date the court issues the order of impoundment or immobilization, the clerk of the court must send notice by certified mail, return receipt requested, to the registered owner of the motor vehicle, if the registered owner is a person other than the defendant, and to each person of record claiming a lien against the motor vehicle. | Here it indicates that the "court" may enter an order of impoundment as part of the sentence. This presupposes that the defendant is found guilty and is without regard to the registered owner. (But see below) |
| (a) Notwithstanding any provision of law to the contrary, the impounding agency shall release a motor vehicle under the conditions provided in s. 316.193(6)(e), (f), (g), and (h), if the owner or agent presents a valid driver license at the time of pickup of the motor vehicle. | |
| (b) All costs and fees for the impoundment or immobilization, including the cost of notification, must be paid by the owner of the motor vehicle or, if the motor vehicle is leased or rented, by the person leasing or renting the motor vehicle, unless the impoundment or immobilization order is dismissed. All provisions of s. 713.78 shall apply. | |
| (c) Any motor vehicle used in violation of subsection (2) may be impounded for a period of 30 business days if a law enforcement officer has arrested and taken a person into custody pursuant to this subsection and the person being arrested is the registered owner or co-owner of the motor vehicle. If the arresting officer finds that the criteria of this paragraph are met, the officer may immediately impound the motor vehicle. The law enforcement officer shall notify the Department of Highway Safety and Motor Vehicles of any impoundment for violation of this subsection in accordance with procedures established by the department. The provisions of paragraphs (a) and (b) shall be applicable to such impoundment. | Here it allows law enforcement to impound a vehicle for 30 days based on an "arrest" for violating this statute - not on a finding of guilt. The language is confusing - "If the arresting officer finds that the criteria of this paragraph are met" - this would mean that he has cited the person for the offense. This seems to be an administrative act however I have not found any administrative procedure established by the Department to facilitate this. |
| (5) Any motor vehicle used in violation of subsection (2) by any person within 5 years after the date of a prior conviction of that person for a violation under subsection (2) may be seized and forfeited as provided by the Florida Contraband Forfeiture Act. This subsection shall only be applicable if the owner of the motor vehicle is the person charged with violation of subsection (2). | |
| (6) This section does not apply to licensed or duly authorized racetracks, drag strips, or other designated areas set aside by proper authorities for such purposes. | If you want to race, do it at a track. |
| History.--s. 1, ch. 71-135; s. 1, ch. 76-31; s. 138, ch. 99-248; s. 1, ch. 2002-251; s. 1, ch. 2005-226; s. 4, ch. 2008-176; ss. 28, 29, ch. 2009-85. |
