🏁 Racing on Highways in Florida: What You Need to Know
In Florida, Racing on Highways is a serious criminal offense—not a simple traffic ticket. Prosecutors aggressively pursue these cases, especially in Fort Lauderdale and throughout South Florida, where street racing events have gained attention.
Whether you’re the driver, a passenger, or even a spectator, you can be charged under Florida Statute § 316.191. Here’s what you need to know about the law, penalties, and how a defense attorney can fight the charges.
🚓 What Is Considered “Racing on Highways” in Florida?
Florida’s statute criminalizes four categories of conduct related to motor vehicle racing:
- Racing, Competitions, and Exhibitions
Operating any vehicle (including motorcycles) in a race, speed contest, drag race, or similar competition. - Coordination and Facilitation
Organizing, facilitating, or even collecting money at a racing event—including just watching. - Passenger Participation
Knowingly riding as a passenger in a race or competition. - Traffic Interference
Intentionally stopping or slowing traffic to make room for a race.
📌 Under Florida law, even being nearby or involved in planning could land you with a criminal charge.
🔍 Legal Definitions: Race vs. Drag Race
A “Race” involves two or more vehicles trying to:
- Outdistance one another
- Prevent passing
- Arrive at a destination first
- Test physical endurance
A “Drag Race” is when two or more vehicles:
- Start side-by-side and accelerate competitively
- Race over a selected course to test speed or acceleration
🏁 The law applies whether the race happens on a roadway, parking lot, or highway.
⚠️ Penalties for Racing on Highways in Florida
Even a first-time offense carries serious consequences:
- Up to 1 year in jail
- Mandatory 1-year driver’s license suspension
- Vehicle impoundment for 30 days upon arrest
- Potential forfeiture of the vehicle upon conviction
- Fine of $500 to $1,000
- Enhanced penalties for repeat offenses (Fla. Stat. § 775.082)
👉 These penalties apply even if the court withholds adjudication.
🛡️ Legal Defenses to a Racing Charge
To convict, the prosecution must prove beyond a reasonable doubt that you:
- Competed in a race
- Coordinated or facilitated a race
- Rode as a passenger in a race
- Slowed traffic for a race
Florida courts require evidence of actual competition between two or more vehicles—not just fast or reckless driving.
🧠 Common defenses include:
- No other vehicle was racing
- Misidentification or faulty witness testimony
- Mistaken for reckless driving or careless driving (a civil offense)
📍 Fort Lauderdale Criminal Defense for Racing Charges
If you’ve been accused of Racing on Highways in Fort Lauderdale or anywhere in South Florida, you need an experienced attorney who can:
- Challenge the lack of actual competition
- File motions to suppress weak or speculative evidence
- Work to avoid a license suspension or vehicle forfeiture
- Negotiate for a reduced charge such as reckless driving
📞 Call Michael White, P.A. today at (954) 270-0769 or schedule your free consultation online
🔗 Related Posts You May Find Helpful
❓ Frequently Asked Questions
1. Is Racing on Highways a criminal charge in Florida?
Yes. Racing on Highways is a criminal misdemeanor under Florida Statute § 316.191. It carries penalties including jail time, license suspension, vehicle impoundment, and significant fines—even for first-time offenders
2. Can I be charged with racing even if I wasn’t the driver?
Yes. Florida law allows prosecutors to charge passengers and even spectators at a racing event. You can be arrested for participating, coordinating, or slowing traffic to enable a race.
3. What’s the difference between a race and a drag race in Florida law?
A race involves competition to beat another vehicle to a location or prevent them from passing. A drag race is side-by-side acceleration in a straight-line competition. Both are criminalized under the same statute.
4. What are the penalties for a first-time racing charge in Florida?
Penalties may include up to one year in jail, a mandatory one-year driver’s license suspension, vehicle impoundment, and a fine between $500 and $1,000.
5. Are there defenses to a Racing on Highways charge?
Yes. Common defenses include showing that there was no actual competition, disputing eyewitness testimony, or proving that the conduct was reckless driving, not racing—a less serious civil offense.