Common Questions Regarding Florida's Street Racing Law
Questions regarding section 316.191, Florida Statutes (prohibition against racing) are numerous. In 2007 the statute was found unconstitutional down in Miami and in 2008 it was found constitutional in Tallahassee. So even the courts have questions. Please feel free to ask questions. Hopefully, some questions will be answered below.
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. 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).
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 13 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 Racing on the Highway charges dropped by filing a motion to dismiss. This heavily depends on the police officer's charging affidavit. A motion to dismiss must be made in good faith and not all racing cases will allow that. Having the street racing charge amended to a different offense is a possibility. This works well with bad facts and a need to keep a valid driver's license. Having the racing on highway charge 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 racing 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.
Our Office...
We represent people who have been accused of street racing. Most were simply driving fast. Others were passing someone. And others were side by side with a person in front waving a flag. Don't accept the police's conclusions. Contact us to set up a consultation. Whether in person or over the phone our consultations are always free.
