In a highly publicized multi-agency crackdown on street racing, several police agencies in the Hillsborough County and Pinellas County area recently conducted a coordinated raid on people either engaged in or viewing. Dubbed “Operation Keep Our Streets,” the effort resulted in 32 arrests on charges including street racing, driving under the influence (DUI), and unlawfully fleeing or eluding police.
The crackdown focused on well-known racing hotspots such in the Tampa-St. Petersburg area. Street racing, while exhilarating for some, often creates significant dangers to participants and innocent bystanders alike. As a result, Florida law imposes severe penalties on those found engaging in this activity.
At Stechschulte Nell, Attorneys at Law in Tampa, we understand how an activity like street racing might entice car enthusiasts or people with youthful enthusiasm to participate or to watch. If you or someone you know is charged with street racing or another criminal charge arising from such an event, contact our Tampa office today for a full analysis of the facts of your case. We’re here to help people accused of criminal offenses because protecting their legal rights is an essential part of a fair justice system.
Florida Statutes on Street Racing
Florida law, specifically Florida Statute § 316.191, addresses illegal street racing. The statute broadly defines street racing to include not only the actual race but also any preparations or attempts to organize such events. This includes actions like timing a race, knowing participation as a passenger, or even being present as a spectator.
Key Provisions of Florida Statute § 316.191
- Participation in Racing: Any individual who actively participates in a race, including the driver, is violating the law. Passengers in racing cars are also liable to arrest and conviction.
- Organizing Racing Events: Those found organizing or facilitating (timing, collecting money, etc.,) street racing events are also facing conviction.
- Spectator Liability: Spectators who are aware that a race is occurring and are present to witness it can be charged under this statute. Unlike those who are more directly participate in the street racing event, spectators may be arrested and charged with a non-criminal traffic offense.
Penalties for Street Racing
The penalties for street racing in Florida are severe and escalate with repeated offenses:
- First Offense: A first-time offender faces a fine ranging from $500 to $1,000, and up to one year of imprisonment. Additionally, the individual’s driver’s license shall be revoked for one year.
- Second Offense: If an individual is convicted of a second offense within five years, the fine increases to between $1,000 and $3,000, and imprisonment for up to one year. The driver’s license revocation period extends to two years.
- Third and Subsequent Offenses: For third and subsequent offenses within five years of a previous conviction for the same offense, the fines range from $2,000 to $5,000, with imprisonment for up to one year and a four-year driver’s license revocation.
Impoundment and/or Forfeiture of the Vehicle
The Florida statute provides for the immediate impoundment of the vehicles involved in the street racing event. If the registered owner of the vehicle is not the person engaging in the street racing, the car can be released in 7 days. If the driver of the vehicle is the registered owner, the impoundment can extend to 30 days. The costs related to the storage, towing, and other fees are usually paid by the owner.
If the registered owner is convicted of street racing for a second time within five years of the prior offense, the vehicle will be subject to forfeiture proceedings under Florida law.
Experienced Florida Criminal Defense Lawyer
Facing charges related to street racing can leave you anxious about the immediate ramifications of a conviction, as well as how it might affect you in the future. The legal consequences are severe, and a conviction can have lasting effects on your life. This is where the services of a skilled criminal defense lawyer becomes essential.
The attorneys at Stechschulte Nell are experienced in handling driving-related charges, including street racing, DUI, reckless driving, and other offenses. Our knowledge of the applicable law and courthouse experience can significantly improve the outcome of a case by providing effective defense strategies tailored to the circumstances of each situation.
Read More > Reckless Driving Defense in Florida
Effective Defenses in Street Racing Cases
Several defenses the best lawyers often employ to challenge street racing charges include the following:
- Lack of Evidence: The prosecution must present proof beyond a reasonable doubt that the accused was engaged in street racing. If the evidence is insufficient, flawed, or obtained in violation of legal procedures, the charges can be dismissed.
- Mistaken Identity: In some cases, individuals may be wrongly identified as participants in a race. An experienced lawyer can work to establish an alibi or attack the credibility of the identification.
- Violation of Rights: Any violation of the defendant’s constitutional rights during the arrest or investigation can be grounds for dismissal. This includes unlawful searches and seizures or failure to provide Miranda warnings for custodial interrogations.
- Mechanical Failures or Emergencies: Sometimes, high speeds can be attributed to mechanical failures or emergencies rather than racing intentions. A lawyer can help present evidence supporting this defense in certain circumstances.
- Challenge to Spectator Charges: If charged as a spectator, a lawyer can argue that the individual was unaware of the racing activity or did not intentionally attend the event to watch it. Mere presence, without an intent to attend such an event, is not an offense.
The Importance of Legal Representation
Effective legal representation involves meticulous examination of all evidence, cross-examining witnesses, and presenting compelling arguments to the court. An experienced criminal defense lawyer can negotiate plea bargains, seek reduced charges, or even achieve a dismissal of the case.
If you are charged with violating the Florida Street Racing or Racing on the Highway statute, contact the lawyers with extensive experience representing clients accused of driving-related crimes. Get attorneys with the experience necessary to manage your case skillfully, ensuring you the best outcome possible under the law. Contact us today; 813-280-1244.
