The criminal charge of “Racing on Highways” is a very serious matter that carries harsh minimum mandatory penalties and can have a negative long term effect on a person’s driver’s license. The Florida Legislature has toughened the “Racing on Highways” law, found in Florida Statutes ss. 316.191, to require a mandatory fine of at least $500.00 and a mandatory 1 year loss of driver’s license, even on first offenses. This is the case, even in situations where the judge imposes a “withhold of adjudication” and allows the defendant to avoid a formal conviction.
Law enforcement in both the St. Petersburg and Clearwater areas of Pinellas County have made extensive use of the “Racing on Highways” charge. In the overwhelming majority of situations, the charge is not used to break up the stereotypical “underground street race.” Instead, it is often used to cite drivers who may simply be driving over the speed limit in tandem with another vehicle, in the absence of any explicit “agreement” to outdistance each other. While in the past, such a situation may have triggered an unlawful speeding citation, or possibly a careless or reckless driving charge, law enforcement will now issue a “Racing on Highway” citation instead. This is a first degree misdemeanor and, in addition to the high mandatory fine and lengthy mandatory driver’s license suspension, carries the possibility of up to one year in the county jail.
Our office has handled a number of “Racing on Highway” charges in Pinellas County and often achieved positive outcomes that avoided these harsh penalties. The key to handling “Racing on Highway” charges is to convince the Pinellas County State Attorney’s Office to reduce or amend the charge. For example, a reduction of the charge to “Reckless Driving” or “Careless Driving” can often permit the case to be resolved through the payment of a relatively small fine. Additionally, these charges carry no mandatory loss of license. In the case of obtaining a reduction to “Careless Driving,” our client avoids having a criminal charge altogether, since the charge is treated as a moving traffic violation (equivalent to a speeding ticket).
There are a number of factors that can be used to successfully persuade the prosecutor that a reduction of the “Racing on Highways” charge is warranted. First, it is important to recognize that Florida’s Fourth District Court of Appeals has found the “Racing on Highways” law unconstitutional in the case of State v. Wells, 965 So. 2d.834 (Fla. 4th DCA 2007). This decision concluded that the statute granted law enforcement too much discretion and that the law improperly encompassed “an endless range of otherwise legal conduct.” However, in the recent case of Reaves v. State, 979 So. 2d 1066 (Fla. 1st DCA 2008), another Florida Court of Appeals found the racing statute passed constitutional scrutiny. As a result, the Florida Supreme Court will have to resolve the conflict. In the meantime, this legal uncertainty has the effect of causing the Pinellas County State Attorney’s Office to be rightfully conservative in pursuing “Racing on Highways” cases, given the constitutional mandate of that office to seek justice.
The second important consideration is the specific facts and circumstances involved in a given case. Our office will often point out to the prosecutor that a “Racing on Highways” prosecution may not succeed due to the lack of evidence suggesting a true intent to “race.” In particular, the following factors are important to address:
- If another vehicle or driver was involved, the fact that the second person was not cited;
- The lack of spectators, a monetary bet, a "finish line," or other circumstances that would suggest a "race;”
- Similarly, a lack of evidence to suggest that either driver knew each other;
- The lack of any video taken by law enforcement documenting the driving behavior;
- Our client's good past driving record or the minimal nature of past infractions; and
- The lack of evidence to suggest that our client's car was a "high- powered" or "souped-up" sports car.
Of course, in some situations, a person will admit to law enforcement that they were indeed “racing.” There may be other circumstances that also tend to overwhelmingly demonstrate guilt. In these cases, having an experienced attorney can still make a difference. For example, an attorney can negotiate with the prosecutor and the judge to avoid the imposition of jail time, and can assist the client in quickly obtaining a hardship driver’s license. Very often, the completion of certain tasks, such as attending and completing a driver improvement course, may provide the ammunition necessary to minimize the penalties as much as possible.
Resolving the case through successful negotiation is a powerful tactic that avoids the risk associated with trial and avoids the severe mandatory sanctions that attach to a “Racing on Highways” charge. Furthermore, such negotiations are often successful in sidestepping extensive litigation and in resolving the case with a minimum of time, expense, and court appearances.
If you have been charged with “Racing on Highways” in St. Petersburg, Clearwater or another area of Pinellas County, Florida, our office can help. Visit our website for more information, or call (727) 578-0303 to schedule a free consultation.
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