Arrested for Highway Racing in Florida? I Defend Drivers Statewide Facing Criminal Charges for Street Racing, Exhibition Driving, and Highway Speed Competitions.
As a Florida Street Racing on the Highway Lawyer, I’ve represented countless clients charged with street racing and aggressive driving offenses. If you’re reading this, chances are you or someone you care about has been accused of street racing on a Florida highway. These charges are serious. Florida prosecutors and law enforcement have cracked down on so-called “speed competitions” and “takeovers” by charging participants — and even spectators — with criminal violations under Florida law.
Make no mistake, this is not just a traffic ticket. If you’re convicted of street racing, you could lose your license, face jail time, see your car impounded, and suffer long-term damage to your reputation and record. That’s why hiring a private defense attorney — someone who has handled these charges before — is not just recommended, it’s essential.
Let me walk you through the law, the penalties, the real consequences, and how I fight — and win — these cases for my clients.
Florida Street Racing on the Highway Lawyer – What the Law Says
Florida Statutes Section 316.191 governs illegal street racing, speed contests, and highway exhibitions. Here's the key part of the law you need to understand:
Florida Statute §316.191(2)(a):
“A person may not:
Drive any motor vehicle, including any motorcycle, in any race, speed competition or contest, drag race or acceleration contest, test of physical endurance, exhibition of speed or acceleration, or for the purpose of making a speed record on any highway, roadway, or parking lot…”
The law continues with other prohibited acts:
-
Participating as a passenger, timekeeper, starter, or flagman
-
Coordinating or facilitating an event
-
Filming or promoting the race
-
Blocking roads for the race or stunt driving event
Even just watching or spectating at one of these “takeover” events can lead to criminal charges under §316.191(2)(c).
Penalties for Street Racing in Florida
Street racing is a first-degree misdemeanor in Florida, but don’t be fooled by the word “misdemeanor” — the consequences are severe. Here's what you're facing if convicted:
First Offense:
-
Up to 1 year in jail
-
Up to $1,000 in fines
-
Mandatory 1-year driver’s license revocation
-
Vehicle impoundment
-
4 points on your license
-
Potential insurance cancellation or rate hike
Second Offense (within 5 years):
-
Up to 1 year in jail
-
Fine of $1,000–$3,000
-
Driver’s license revoked for 2 years
-
Vehicle forfeiture possible
Third or Subsequent Offense:
-
Fines up to $5,000
-
Up to 1 year in jail
-
4-year license revocation
These penalties are enhanced further if the racing results in property damage, injury, or death.
A Real Case I Won: No Jail, No Conviction
A recent client, a 22-year-old student from Tampa, was arrested during a Friday night car meet and accused of racing another vehicle on I-275. Police used helicopter footage and dash cams to claim he participated in an illegal drag race. He faced a first-degree misdemeanor, license suspension, and the impoundment of his customized vehicle.
But when I reviewed the evidence, I found inconsistencies:
-
The car next to him never accelerated side-by-side
-
He had no prior traffic convictions
-
He wasn’t involved in any official race — he was leaving a car show
I challenged the probable cause and filed a motion to suppress based on lack of reliable witness testimony. The prosecutor offered a reduced charge of careless driving. We refused.
Eventually, the judge granted the motion. The case was dismissed entirely.
This is the difference a skilled private defense lawyer can make. Without my help, this young man could’ve ended up in jail, lost his license, and missed out on scholarships.
Common Defenses in Florida Street Racing Cases
Every case is different, but these are some of the legal strategies I’ve successfully used:
1. Lack of Intent
Florida law requires intent to race or participate. If you were just speeding or driving aggressively — but not racing — the charges may not hold up.
2. Insufficient Evidence
Police often rely on vague reports, poor-quality video, or assumptions. If they can’t clearly prove your involvement, we fight to have the case dismissed.
3. No Independent Witnesses
When there’s no one willing to testify that you were engaged in a race or contest, it weakens the prosecution’s case.
4. Unlawful Stop or Search
If law enforcement stopped you without legal cause or conducted a search without proper authority, we can suppress any evidence they found.
5. Violation of Rights During Interrogation
If your statements were obtained without a proper Miranda warning or during an unlawful detention, they may be thrown out.
Related Florida Statutes You Should Know
In addition to §316.191, here are other statutes that may be used against you:
-
§316.192 – Reckless Driving
Racing may also trigger a reckless driving charge, which carries its own penalties. -
§322.27 – License Suspension
This gives the Florida DHSMV authority to revoke or suspend your license after a racing conviction. -
§316.193 – DUI
If alcohol or drugs are involved, you may be charged with DUI in addition to racing. -
§316.2085 – Exhibition Driving
Includes wheelies, donuts, or other stunt driving in a street takeover — also criminalized.
Why You Need a Private Florida Street Racing on the Highway Lawyer
The consequences of pleading guilty or going to court without representation can be life-changing. Public defenders are often overloaded, and prosecutors are under pressure to make examples out of drivers involved in these incidents.
Here’s what I do differently:
-
Investigate the traffic stop and body cam footage
-
Analyze the radar and aerial surveillance data
-
Interview all witnesses — including spectators
-
File motions to suppress illegally obtained evidence
-
Push for dismissal or negotiate a reduced charge that avoids jail or license loss
And most importantly, I show up prepared to fight.
I Fight to Protect Your License and Your Record
In Florida, a criminal traffic conviction can’t be sealed or expunged — ever. That means if you’re found guilty of street racing, the charge will follow you for life. Employers, schools, and insurance companies will see it. You can't afford to take that risk.
When I handle your case, I push for the outcome that protects your freedom and your future. That might mean getting the charge dropped, reduced to a civil traffic violation, or resolved with pretrial diversion — without jail or a criminal record.
Florida Street Racing on the Highway Lawyer – Frequently Asked Questions
What exactly counts as “street racing” under Florida law?
Street racing includes any race, speed competition, drag race, or exhibition of speed on a highway or public roadway. It also includes coordinating, filming, or attending these events. You don’t have to be the one behind the wheel to be charged.
Can I be arrested for just spectating a street race?
Yes. Florida Statute §316.191(2)(c) allows police to arrest spectators who are knowingly present to watch an illegal race. Officers often make arrests based on social media evidence, location data, or drone footage.
Will my license be suspended if I’m convicted?
Absolutely. Even a first offense carries a mandatory one-year driver’s license revocation. Multiple offenses can lead to suspensions of two years or longer.
Is it possible to avoid jail time if I’m convicted?
Yes, but it depends on the facts of your case, your prior record, and the quality of your defense. I fight to keep my clients out of jail by negotiating for diversion programs, withhold of adjudication, or reduced charges.
Will I have to forfeit my vehicle?
If this is your second or third offense, the State may pursue vehicle forfeiture. However, I have successfully challenged forfeiture actions by showing the car was not primarily used for criminal purposes.
What happens if someone was hurt during the race?
If someone is injured or killed during a race or stunt driving incident, the State may charge you with a felony. That could include vehicular manslaughter, which carries up to 15 years in prison. You need immediate legal representation in those cases.
Can the police use social media posts as evidence?
Yes. Posts showing your car, your location, or your involvement in organizing or promoting the event can be used against you. But that doesn’t mean the evidence is admissible — I often file motions to exclude that kind of material.
What if I wasn’t the one racing — just speeding near others?
Prosecutors must prove your intent to race or compete. Just because two cars are speeding side-by-side does not mean it’s a race. I can use that distinction to seek a dismissal or negotiate a civil infraction.
Should I take a plea deal or fight the charge?
Every case is different. Sometimes a plea can be a smart move if it avoids a criminal conviction. Other times, we fight all the way to trial. I’ll review every angle of your case and give you honest, strategic advice — not just tell you to “take the deal.”
Why is a private lawyer better than a public defender for this charge?
Public defenders are often talented, but overwhelmed. They may not have time to investigate video footage, attend multiple hearings, or file complex motions. I treat every client like the outcome of the case matters — because it does.
Call a Florida Street Racing on the Highway Lawyer Today – Protect Your Freedom
Contact Musca Law 24/7/365 at 1-888-484-5057 For Your FREE Consultation
Musca Law, P.A. has a team of experienced criminal defense attorneys dedicated to defending people charged with a criminal or traffic offense. We are available 24/7/365 at 1-888-484-5057 for your FREE consultation. We have over 30 office locations throughout all of the state of Florida and serve all counties in Florida including Jacksonville, Miami, Tampa, Orlando, St. Petersburg, Hialeah, Port St. Lucie, Cape Coral, Tallahassee, Fort Lauderdale, and the Florida Panhandle.
Let me fight for your future. Don’t plead guilty, don’t show up alone, and don’t take unnecessary risks with your freedom. When you’re charged with street racing in Florida, you need someone in your corner who knows the law, knows the courts, and knows how to win.