${site.data.firmName}${SEMFirmNameAlt}
Available 24/7 | Hablo Espanol :
877-219-1875

Racing, a Criminal Traffic offense in Florida

The criminal traffic offense of "Racing on Highways" is not limited to just what most people think of as a highway, street or road. Parking lots are specifically mentioned in Florida Statutes section 316.191, the racing statute and a violation of chapter 316 can be enforced on any road and even parking lots. Racing can be in any motor vehicle not just passenger cars and trucks.

The charge includes any competition such as a typical race, any speed competition or contest, drag race or acceleration contest, test of physical endurance, attempts to make a speed record etc. Furthermore, the mere exhibition of speed or acceleration can land a person accused of street racing. Actually, driving is not required because, coordinating, facilitating, or collecting moneys anywhere for any such race is deemed participation in a race under Florida law. Knowingly riding as a passenger or causing a traffic disruption such as the movement of traffic to slow or stop for the purpose of a competition or exhibition can also lead to criminal charges. Being a spectator at any drag race (two or more motor vehicles side by side) is a noncriminal traffic infraction but it is punishable as a moving violation which means points can be assessed to a driver's license record or MVR.

The penalties for racing get more severe for each subsequent accusation. A first offense is a first degree misdemeanor punishable by up to one year in jail and a fine between $500 and $1,000. A second citation, within 5 years, while still a first-degree misdemeanor carries a fine between $1,000 and $3,000. A third or subsequent racing ticket, within 5 years of a prior violation, is still a first degree misdemeanor but the mandatory fine is between $2,000 and $5,000.

The worst part of the racing sanctions for many people will be what happens to the insurance rates and/or coverage and the required driver's license revocation. The first racing citation carries a required 1 year revocation, a second within 5 years a required 2 year revocation and a third within 5 years a required 4 year revocation of the driving privilege. A driver's license revocation upon a sentence for racing is mandatory which means the judge has no discretion.  In addition, racing is one of the charges that counts towards an HTO suspension.

A person accused of racing should not face a court alone. Because racing is a criminal case the public defender can be assigned, if the accused qualifies. Otherwise, please click or call to begin to form a strategy for defending the case.

316.191

No Comments

Leave a comment
Comment Information
Email Us For A Response
Firm Logo Small

Learn How I Can Help You

Bold labels are required.

Contact Information
disclaimer.

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.

close

Mailing Address
PO Box 5355
Gainesville, FL 32627

Toll Free: 877-219-1875
Phone: 352-371-9141
Fax: 352-371-9142

Gainesville Office
1031 NW 6th Street
Unit A-2
Gainesville, FL 32601

Toll Free: 877-219-1875
Phone: 352-371-9141
Fax: 352-371-9142
Map & Directions

Ocala - Available for Consultation
108 N. Magnolia Avenue
Suite 501
Ocala, FL 34475

Toll Free: 877-219-1875
Phone: 352-694-4529
Fax: 352-371-9142
Map & Directions

  • Location
    Mailing Address
  • Location
    Gainesville Office