Definition of ‘Racing on Highways’
The offense of Racing on Highways, or ‘Street Racing,’ is defined in Section 316.191, Florida Statutes. Broadly speaking, ‘Racing’ can include four categories of conduct:
- Racing, Competitions, and Exhibitions- driving any vehicle (including motorcycles) in any race, speed competition, speed contest, drag race, acceleration contest, speed exhibition, acceleration exhibition, or speed record;
- Coordination and Facilitation- participating in, coordinating, facilitating, or collecting moneys at any location for any race, competition, contest, test, or exhibition;
- Passenger Participation- knowingly riding as a passenger in a race, competition, contest, test, or exhibition; and
- Traffic Interference- purposefully causing the movement of traffic to slow or stop for any race, competition, contest, test, or exhibition.
Required Proof at Trial
To prove the crime of Racing on Highways at trial, the prosecution must establish the following factual elements beyond a reasonable doubt:
- The defendant:
- drove a motor vehicle in; [or]
- participated, coordinated, facilitated, collected monies at the location of; [or]
- knowingly rode as a passenger in; [or]
- purposefully caused moving traffic to slow or stop for
- A race, drag race, an acceleration contest, a speed competition, a test of physical endurance, a speed exhibition, or an attempt to make a speed record on a highway, road, or parking lot.
Requirement of Competition
Where the offense arises from a defendant driving, Florida’s ‘Racing on Highways’ statute cannot be applied unless vehicles are competing with each other. Reaves v. State, 979 So. 2d 1066, 1072 (Fla. 1st DCA 2008).
Meaning of the Term ‘Race’
The Florida Standard Jury Instructions and Section 316.191 define the term ‘Race’ to mean a competition involving the use of one or more vehicles in an attempt to:
- Outgain or outdistance another motor vehicle;
- Prevent another motor vehicle from passing;
- Arrive at a given destination ahead of another vehicle;
- Test the physical stamina or endurance of drivers over long distance driving routes.
Meaning of ‘Drag Race’
‘Drag Race’ means the operation of two or more 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 for the purpose of comparing the relative speeds or power of acceleration.
Penalties for Street Racing
Racing on Highways as a first degree misdemeanor, with penalties of up to 1 year in jail. In addition to possible incarceration, a plea to the charge of Street Racing will have the following consequences:
- Fines- For a first offense, there is a minimum $500 fine and maximum fine of up to $1,000. For a second offense, the minimum fine increases to $1,000, with a maximum fine of $3,000;
- Driver’s License Revocation- Under Section 316.191(3)(a), Florida Statutes, the Department of Highway Safety and Motor Vehicles must revoke an offender’s driving privileges for a minimum period of one year upon conviction, EVEN IF ADJUDICATION IS WITHHELD. For subsequent offenses, the revocation period can increase to four years (for a third offense);
- Possible Vehicle Impoundment/Immobilization- Whenever a law enforcement officer determines that a person was engaged in a drag race or race, as defined in Section 316.191, the officer may immediately arrest and take such person into custody. The officer may then have the vehicle impounded for a period of 30 business days if the police officer has arrested and taken a person into custody and the person being arrested is the registered owner or co-owner of the motor vehicle. Section 316.191(5) also authorizes the trial court to enter an order of impoundment or immobilization as a condition of incarceration or probation;
- Possible Vehicle Forfeiture- any motor vehicle used in violation of the statute by any person within five years after the date of a prior conviction of that person for a violation under the statute may be seized and forfeited as provided by the Florida Contraband Forfeiture Act. See Section 316.191(6), referring to 932.701, Florida Statutes. However, this provision is only applicable if the owner of the motor vehicle is the person charged with a violation of the statute;
- Creation of a Criminal Record- A conviction for Racing on Highways or street racing will result in a criminal record, harming employment prospects, causing points to be assessed against your driver’s license, and dramatically increasing your insurance premiums.
Does a Withhold of Adjudication Save My License?
No. As used in Florida’s Racing on Highways statute, the term “conviction” means a determination of guilt that is the result of a plea or trial, regardless of whether adjudication is withheld.
Thus, even if you negotiate with the prosecutor for a withhold of adjudication of guilt, you are still considered “convicted” and will suffer the same consequences as a person who is formally adjudicated guilty of the offense.
Defenses to Racing on Highways
There are many legal and factual defenses available to contest a racing charge in Florida. Common examples include the following:
- Police officer did not actually witness or fully witness the incident;
- Lack of proof of competition;
- Witness testimony contradicts the officer’s allegations;
- Ordinary traffic infractions mistaken for ‘racing;’
- Careless driving or other non-criminal traffic maneuvers (i.e. passing, accelerating, changing lanes);
- Officer’s current allegations are contradicted by his own citation/arrest report;
- Actual speed of the vehicle(s) is not consistent with an allegation of ‘racing.’
- Lack of proof as to the defendant’s intent;
- Intent to race on part of the other driver, but not the defendant;
- Lack of proof that more than 1 vehicle was involved in the alleged ‘competition;’
- Alleged conduct not encompassed by the statutory definition of ‘race.’
If your case proceeds to trial, you can also raise legal arguments to obtain more favorable jury instructions. There are major discrepancies between the Florida Standard Jury Instructions applicable to a “Racing on Highways” charge, and the wording of the actual Racing statute. The racing on highways statute contains stricter language about what conduct is actually criminal in nature.
Contact an Attorney
If you have been arrested or cited for Racing on Highways, contact Hussein & Webber, PL for a free consultation. Our attorneys handle cases in Jacksonville, Orlando, and the surrounding counties of northeast and central Florida.