Understanding Your Rights: Florida Racing on Highway Lawyer Insights

How Law Enforcement Officers Crack Down on Illegal Racing in Florida

Law enforcement officers take drag racing and street racing with motor vehicles more seriously today. Florida’s flat roads and crowded urban centers, such as Miami, Orlando, and Tampa, are hotspots for illegal activity and trying to set speed records. Police have intensified their efforts through specialized units, advanced technology, and legislative support.

First, specialized task forces and proactive patrols target high-risk areas. Florida law enforcement agencies, including the Florida Highway Patrol, Miami-Dade Police, and Broward Sheriff’s Office, deploy units to monitor known racing hotspots, such as urban boulevards, industrial areas, and coastal roads like A1A.

For example, FHP’s Street Racing Enforcement Unit conducts sting operations with unmarked motor vehicles and intelligence from social media or community tips to identify race locations. Between 2018 and 2023, over 9,100 citations were issued statewide for racing or stunt driving.

Second, advanced technology enhances the detection and collection of evidence in motor vehicle crimes. Law enforcement utilizes tools such as license plate readers (LPRs), drones, and helicopter surveillance to track and document instances of illegal racing.

Drones are effective for monitoring large street takeovers, contests, tests, or exhibitions, where 10 or more vehicles block intersections for stunts, allowing officers to capture real-time footage without immediate confrontation. Body cameras and dashcam footage provide critical evidence to support charges, showing behaviors such as speeding, weaving, or burnouts. Speed detection devices, such as radar and LIDAR, are used to clock excessive speeds, strengthening cases for reckless driving or racing charges.

Third, recent laws, including HB 161 and SB 1764, have increased penalties and expanded the scope of offenses involving contests, tests, or exhibitions. First-time racers face fines of $500 to $2,000, a one-year license revocation, and up to one year in jail. Meanwhile, coordinated takeovers are classified as third-degree felonies, carrying a potential prison sentence of up to five years. These motor vehicle laws empower law enforcement to charge not just drivers but also passengers, promoters, and spectators.

Legal Defenses a Florida Racing on Highway Lawyer May Use

A charge involving driving contests, tests, or exhibitions may lead to severe penalties if the arresting officer has strong evidence. However, a skilled Florida highway racing lawyer can employ various legal defenses to challenge the prosecution’s case, aiming to dismiss the charge, reduce it to a lesser offense, such as careless driving, or mitigate penalties. The defense used depends on the case details and may include:

Challenge the Drag Race Evidence

Street racing with a motor vehicle typically involves a competitive speed or acceleration contest, or specific stunts such as burnouts or donuts. Your lawyer may argue that the prosecution lacks evidence showing competitive intent, such as no second vehicle racing alongside you or no organizer coordinating the event.

For example, suppose the motor vehicle operator was driving fast but not in an acceleration contest. In that case, the behavior might be classified as speeding (a non-criminal infraction) or reckless driving (a second-degree misdemeanor) rather than racing. Dashcam footage, witness statements, or social media posts may be scrutinized to demonstrate the absence of racial bias, thereby weakening the prosecution’s case.

Question Officer’s Observations

Street racing charges, which involve a motor vehicle’s registered owner, may rely on the officer’s visual assessment of your driving, such as estimating speed or interpreting maneuvers as stunts. A lawyer can challenge the officer’s credibility by highlighting the subjective nature of these observations, especially if no radar, LIDAR, or dashcam evidence backs the claim.

For instance, if the officer mistook aggressive driving or a single burnout for racing, your lawyer may argue the behavior doesn’t meet the statutory definition.

Argue an Illegal Traffic Stop

Your lawyer may argue whether the traffic stop was lawful, requiring probable cause, such as a drag race or stunt driving, or reasonable suspicion. If the motor vehicle stop violated your Fourth Amendment rights, such as pulling you over without clear evidence of racing, any resulting evidence, like your statements or vehicle inspection, could be suppressed. Additionally, errors in protocol, such as improper calibration of speed detection devices or failure to document impoundment procedures, can be grounds to dismiss the case.

Negotiate Plea Deals or Diversion Programs

The prosecutor’s evidence of the motor vehicle crime may be damning. In this case, your lawyer may focus on mitigating penalties by negotiating with prosecutors to reduce the charge to a non-criminal infraction, such as careless driving or speeding.

In some counties, first-time offenders may qualify for diversion programs, which may require completion of a Basic Driver Improvement Course, community service, or probation to dismiss the racing charge or avoid a conviction.