Racing on a highway, also known as street racing or drag racing, is a serious criminal traffic offense in Florida due to the risk these types of cases pose to public safety. In recent years, street takeovers have also reportedly gained popularity, causing an increase in those charged with Racing on a Highway. Even spectators, organizers, and passengers in the racing vehicle can be charged. If you’ve been charged with racing on a highway as the driver or as a participant, it is crucial to have an experienced attorney prepared to assist you in avoiding serious criminal repercussions. Our Miami Racing on the Highway attorneys at Arias and Pereira, PLLC are committed to helping our clients with an aggressive, skilled defense for all traffic-related offenses, including racing on a highway. Contact A&P today at (786)360-1366 or click “Contact Us” to schedule a consultation.

What is Considered Racing on a Highway?

Under Florida Statute §316.191, racing on a highway includes:

1. 1. Street races or drag race

   2. Speed competitions or contests

   3. Acceleration attempts

   4.  Engaging in side-by-side driving to outdistance another vehicle

   5.  Organizing, promoting, or betting on a race

As mentioned above, this law applies not only to drivers, but also to passengers, organizers, and spectators in some cases. It is also important to note that the term “highway” is broadly defined in the statute where the charge of racing on a highway does not only mean major highways or interstates. Racing on a highway includes any public roadway, whether it is a residential street, a city or county road, a rural road, or a parking lot open to public traffic.

Penalties for Racing on a Highway

A first-time offense for racing on a highway is a first-degree misdemeanor punishable by up to 1 year in jail or probation, up to $1,000 in fines, a mandatory 1-year driver’s license suspension, and a possible vehicle impoundment. Repeat offenses come with harsher penalties, including longer suspensions, higher fines, and mandatory jail time. Even being present at an illegal street race can lead to criminal charges or citations.