Is racing on the highway a criminal offense in Orlando? Absolutely. Under Florida Statute 316.191, street racing, engaging in or even organizing a race on public roads, is a criminal offense that can lead to significant penalties.
The penalties for street racing can go beyond traffic tickets and include license suspension, hefty fines, and even jail time. Dive deeper into the question, “Is racing on the highway a criminal offense?” so you know what your obligations are when driving on Florida roadways.
You’ll also learn about street racing charges in Orlando, the differences between reckless driving and. street racing, and defenses to illegal street racing charges.
Understanding Racing on the Highways in Orlando
Is racing on the highway a crime? Yes, it’s explicitly prohibited. Florida’s laws are among the strictest in the nation when it comes to racing on highways. Fines for racing on a highway in Florida can amount to hundreds of dollars.
However, that’s only part of the equation. Drag racing, street racing, or engaging in a speed competition also constitutes a misdemeanor criminal offense. You could even face vehicle seizure for street racing under the Florida Contraband Forfeiture Act.
The bottom line is that using your motor vehicle to engage in reckless speeding or stunt driving behavior is incredibly dangerous.
The state is very strict on street racing. If a law enforcement officer observes someone engaging in this behavior, they will be stopped and most likely arrested.
Florida Street Racing Laws Explained
Is street racing illegal in Florida? Yes. The statute also bans helping organize, coordinate, or film such events. Penalties include fines, vehicle seizure, and license suspension.
The Definition of Racing Under Florida Law
The law uses a broad definition of racing. It includes competing against another vehicle, timing a vehicle for speed, or performing any form of exhibition of speed in a public area.
Whether an exhibition of speed takes place in a parking lot or along long-distance driving routes, first offense street racing in Florida can lead to a driver’s license suspension, fines, and even an arrest. Your vehicle could also be towed or impounded.
Common Types of Highway Racing Offenses
Orlando drivers can be charged with several types of highway racing offenses depending on the situation.
Drag Racing
During a drag race, one motor vehicle will typically start right next to another. The drivers will attempt to out-accelerate each other until they reach the agreed-upon finish line.
Is drag racing a felony or misdemeanor? In most cases, it’s a first-degree misdemeanor, but repeat offenses can carry harsher consequences.
Fines are one of the biggest concerns. However, you can also face license suspension for racing charges like drag racing. Your motor vehicle can be impounded as well, which leads to additional towing and storage fees. The total cost can quickly surpass $1,000.
Exhibition of Speed
A driver doesn’t have to compete against another person to be charged. Performing burnouts, donuts, or rapid acceleration is considered an exhibition of speed. These violations can take place on the roadway or even in a public parking lot. The street racing charge for these solo actions is equivalent to traditional offenses.
Organized Street Racing Events
Hosting an acceleration contest or street racing competition is also illegal. Under Florida law, even pedestrian traffic that attends these events can be charged. The goal is to discourage people from supporting these events.
Anyone involved in organizing or advertising these events can also face street racing charges in Orlando. There aren’t any free passes; just because someone didn’t get behind the wheel of a vehicle and hit the gas pedal doesn’t mean they won’t face criminal charges.
Is Racing on the Highway a Crime?
Yes. Any type of speed competition on a highway is a criminal violation in Florida. A conviction can have long-term consequences, including license suspension, fines, vehicle impoundment, and even jail time.
If a participant injured another person while engaged in racing or a speed competition, they could potentially face manslaughter charges and years in prison.
Florida also has strict reckless driving laws. Even if your actions don’t rise to the level of racing on highways, they may be considered dangerous driving. You could face tickets, criminal charges, and vehicle impoundment. The best way to promote highway safety is to follow the posted speed limit and avoid any reckless behavior while behind the wheel.
Penalties for Racing on Orlando Highways
Penalties for highway racing in Orlando vary depending on the nature of the offense and how many violations a person has been convicted of in the past. Consequences of racing on public roads could include fines, driver’s license suspension, higher car insurance rates, and even jail time.
First Offense
In Florida, a first offense street racing charge is a first-degree misdemeanor. It is punishable by a fine of up to $2,000 and a license suspension of up to one year. Jail time for street racing first offenses is also a possibility. The penalties don’t stop there. You will also experience difficulty getting reasonable car insurance rates.
That does not even account for the thousands of dollars you may have to spend to protect yourself and put your life back together. For example, you will likely need to hire an experienced attorney, take time off from work, and seek alternative transportation while your case is handled.
Second Offense
Thanks to repeat offender penalties, street racing in Florida can be escalated to a felony charge on the second offense if it happens within one year of the first. In this scenario, the charge is a felony of the third degree, which is punishable by a fine of up to $4,000 (minimum of $2,500) and a driver’s license suspension of up to two years.
For this rule to apply, the offender must have been convicted of the first violation. Third and subsequent offenses result in the same penalties if they occurred within the one-year window.
Public Safety Concerns With Street Racing
Street racing endangers more than those involved. It poses a direct threat to the community, including other vehicles on the road and pedestrians. If a racer loses control, they could also crash into a nearby building and harm the occupants.
If left unchecked, racing activity can discourage residents and tourists from visiting Orlando. That can have lasting consequences for business owners and lead to a decline in shopping activity. Additionally, it hurts the city’s public image. That’s why local law enforcement is so proactive about enforcing the state’s criminal traffic laws.
Drag Racing Accidents and Liability
When a crash happens during an illegal race, the aftermath creates a liability mess. Drag racing accidents and the liability that comes with them can expose drivers to devastating lawsuits and restitution claims. Even spectators and event organizers can share in the responsibility.
Additionally, insurance may not cover the costs of a driver’s illegal activities. That means their personal assets could be on the line.
Florida law allows victims to pursue damages for medical bills, property loss, and emotional suffering. A single mistake in judgment can destroy a person’s finances and cost them their freedom. If you’re facing street racing charges in Orlando, it’s vital to know what’s at stake and work to protect yourself.
Vehicle Impoundment and Seizure
Florida law allows police to seize or impound any vehicle involved in a race. Typically, law enforcement may hold your car for up to 30 days. In certain situations, they may be able to permanently confiscate it.
Even if you get your car back at the end of the holding period, you will be on the hook for storage costs, towing fees, and court fees. While you wait for the holding period to end, you will have to find alternative transportation to and from work.
All of those costs can quickly add up, negatively impacting your livelihood for weeks or months after the accident.
License Suspension and Insurance Impacts
A conviction for street racing leads to an automatic license suspension. Typically, the court will suspend your license for one year for a first offense.
While you can request a hearing to have your license reinstated, there are no guarantees that the court will rule in your favor. You may be granted a hardship license or be denied altogether. Either way, it could have a major impact on your ability to get around and commute to work.
Additionally, you’ll likely see a huge increase in your insurance rates. Your current insurer may also drop you altogether. Finding a company to take on that risk will be challenging and expensive.
Legal Defenses Against Racing Charges
There are several possible defenses to racing charges, such as:
- Lack of intent
- Disputing radar or video evidence
- Challenging the lawfulness of the traffic stop
However, successfully using these defenses can be challenging. Therefore, you need the help of an Orlando racing offense lawyer. With skilled representation, you may be able to beat the charges or have your penalties reduced.
The goal is to avoid jail time and keep your license, even if you end up paying some fines. Legal counsel is your strongest defense when your freedom and driving rights are at stake.
How Prosecutors Build a Case
Prosecutors collect extensive evidence to prove that the criminal offense of racing on a highway occurred. They will turn to dash cam videos and witness testimony. Social media footage can also be used against you.
Two of the toughest pieces of evidence to argue against are the officer’s testimony and the speed measurement device. If an officer’s radar or laser has been properly calibrated and tested, it is presumed to be correct. Therefore, there would have to be an error with the device or the testing log to have the speed measurement thrown out.
Difference Between Exhibition of Speed and Racing
Exhibition of speed involves showing off. Examples include revving the engine, spinning tires, or accelerating rapidly when a light turns green. Racing involves at least two vehicles. The drivers must demonstrate their intent to compete or measure performance. Though both are illegal, racing on a highway can carry harsher penalties.
Reckless Driving vs. Street Racing
At first glance, reckless driving and street racing may seem similar. However, there are some important differences.
Reckless driving is a much broader charge. It involves operating a vehicle with a willful disregard for safety. Examples include swerving, tailgating, or speeding excessively. Like street racing, reckless driving is a criminal traffic violation. That’s where the similarities end, though.
Street racing is much more specific. It includes an element of competition and must involve at least two drivers. While both actions are dangerous, street racing can be especially volatile due to the high speeds involved.
Depending on the nature of an incident, a driver could potentially incur both charges. Imagine that two drivers engaged in street racing. During the race, if one or both drivers weaved through traffic or otherwise operated their vehicles with a willful disregard for safety, they could face additional charges for reckless driving.
Plea Bargains for Traffic Crime Charges
If you are facing street racing charges in Orlando, your lawyer may pursue a plea bargain. The goal is to reduce the penalty, which could help you avoid jail time or have your license reinstated.
Pleas are typically an option for individuals with clean driving records. However, an experienced attorney may be able to strike a plea deal, even if your driving history isn’t spotless.
Don’t take criminal traffic charges lightly. Hire an experienced attorney and let them stand up for your rights.
Taking Action if You Face Racing Charges
The Ticket Fighter Law Firm is here to represent you if you are facing criminal traffic charges, such as street racing, drag racing, reckless driving, or street takeovers.
Our team will match you with an experienced criminal defense attorney. At The Ticket Fighter Law Firm, our goal is to resolve your case as efficiently as possible while minimizing the long-term impacts of the charges. Contact us for traffic defense services.