RACING ON HIGHWAY DEFENSE TIPS

State legislature has deemed street racing and other speed competitions on the roadway to be extremely dangerous not only for the participants in the race and its spectators, but also for innocent third parties. As a result, the state legislature has enacted severe penalties for these criminal offenses.

What are the charges?

The criminal charge of racing on highway is usually very difficult for the prosecutor to prove at trial. In many of these cases, your attorney can file motions to suppress evidence or statements, or a motion to uplift the racing on highway defense and dismiss the criminal case for insufficient evidence. The penalties for racing on a highway include a criminal record, the possibility of jail time, and hefty fines. Also, a conviction comes with a mandatory driver's license revocation of at least one year. In many of these cases, the goal is getting the prosecutor to reduce the charge to a civil violation or a lesser charge that does not involve a driver's license revocation or the other serious collateral consequences.

What are the personal charges for racing on highway defense?

These cases can result in criminal charges. When a crash occurs, the incident can also result in a lawsuit for personal injury. Racing on a highway constitutes negligence. The driver and possibly others that participate in the race can be held liable for the damages, personal bodily injury or death of another person. In fact, the driver of a vehicle who participates in a highway race with the driver of another vehicle can be held liable for personal injuries cause do a third person even if the injuries were inflicted by the other participant in the race. 

What are the possible racing on highway defenses?

In racing on highway defenses, it is important to argue that there was no second vehicle involved in a “competitive contest.” Obviously, it is very difficult for an officer to stop two persons at once, so usually the persecutor relies on the officer’s testimony that it appeared a second vehicle involved.

If you are one of the many individuals charged with this serious criminal offense, then don't face the judge alone.

Rick Silverman, P.A.

311 S Brevard Ave. Tampa, Florida 33606

(813) 871-1125

http://www.tampabaytrafficlawyer.com

http://www.businesslocallistings.com

Racing on Highway Defense Attorney—Why You Need Them

One night, while you were driving on the highway, a cop pulled you over and charged you with highway racing. What do you do? Do you plead guilty just to get over with it? Or do you hire a Tampa traffic attorney to help you with racing on highway defense?

In Florida, the rules for street racing or highway racing are very strict. When you’re caught, you can face serious consequences, which is really bad if you’re innocent. Street racing is a misdemeanor criminal traffic offense similar to DUI. It will require you to appear in court. But it’s not just that, you will have a criminal record too and that’s not something you want to happen.

Under the Florida Statute 316.191, if you are convicted, you will face a fine of $500 to $1,000 then a mandatory license suspension of two years. On top of that, there’s a possibility that you can face a year of jail time.

Now if you’ve been previously convicted, particularly in the past five years, the fine will go up to $2,000 to $5,000 and the license suspension lasts for four years. Jail time is also up to a year.

Many drivers are unaware of these fines and punishments, so they immediately plead guilty to the charge. However, you should know that under the law, you are innocent until proven guilty. The government must prove the charge beyond a reasonable doubt. This right is huge for anyone who is charged of any criminal offense. Basically, it means that if you were caught, it doesn’t necessarily mean a conviction.

As you can see, the punishments are heavy. This is why you need a Tampa traffic lawyer for your racing on highway defense. The prosecutor will have to prove that you are indeed part of a race, meaning there should be more than one vehicle and a competitor. The prosecutor has to do a lot of work to prove that you are guilty.

And given the time that the prosecutor will use to gather evidence against you, you will be better off spending that same amount of time calling your Tampa traffic lawyer for your racing on highway defense. An experienced lawyer will know how to handle these cases and prove the charges against you are wrong.

Your Tampa traffic lawyer for your racing on highway defense will negotiate a plea deal for you, to lessen the severity of the punishment, like maybe less jail time or shorter license suspension. In any case, it is important that you do not plead guilty and call a lawyer right away.

Rick Silverman, P.A.

311 S Brevard Ave. Tampa, Florida 33606 

(813) 871-1125 

http://www.tampabaytrafficlawyer.com

http://www.businesslocallistings.com

Racing on Highway Defense to Get You Out of Trouble

Did you get arrested for racing on highway? If you were, it’s either you were part of the race or was just a spectator. Well, either way, you are bound for serious trouble with the authorities and you will need a very good lawyer to get you out of trouble.

In the case that you’re not guilty and was wrongly charged or arrested, you can use different racing on highway defense to contest the charge against you. But first and foremost, you can’t do this alone, even if you’re completely innocent. You will need a lawyer by your side to air your legal defenses in court.

What are the ways of racing on highway defense? How can you get out of trouble?

·         The police officer who arrested you didn’t fully witness the alleged “race” so to speak. How can he charge you if he really wasn’t there the entire time. He could’ve been mistaken then.

·         A good racing on highway defense is if the video footage doesn’t confirm the officer’s story.

·         If the prosecutors cannot really prove that you accepted a race challenge or were part of a competitive race. If they don’t have the evidence, then the charges should be dropped accordingly.

·         If you can get a witness to testify against the allegations of the officer, this will be a very good defense for your case.

·         You were wrongly accused. You weren’t really racing on the highway; you were just doing routine traffic maneuvers.

·         This is a long shot, but you will be charge-free if the officer’s allegations will not match with his arrest report. Highly unlikely, but still possible.

·         If the speed you were driving in doesn’t count as “racing.”

You are innocent, unless proven guilty and you have to hold on to that right. If you are wrongly accused, you have to fight back. The punishments for this charge are costly and you really don’t want to deal with them, namely expensive fines and license revocation. And if you got an experienced lawyer with you, he can look deeply into the facts of the incident and make the right racing on highway defense for you.

You are also advised not to plead guilty, even if you feel under pressure to do so. This can hurt your case. Rather, plead not guilty and call a lawyer immediately. That will be the best move to make in this kind of situation.

Rick Silverman, P.A.

311 S Brevard Ave. Tampa, Florida 33606

(813) 871-1125

http://www.tampabaytrafficlawyer.com

http://www.businesslocallistings.com

Racing on Highway Defense: Identifying the Rules

Before getting into the courtroom or as you go on with the process with your lawyer, you are briefly oriented on the terms and rules on highway race. “Conviction” is a term used as a determination of guilt that is the result of a plea or trial, regardless of whether adjudication is withheld. Racing on highway defense would always include the term “drag race,” which means the operation of two or more motor vehicles from a point side by side at accelerating speeds in a competitive attempt to outdistance each other. Lastly, “racing” means the use of one or more motor vehicle in an attempt to outgain or outdistance another motor vehicle, to prevent another vehicle from passing and be able to arrive at a certain point.

In order to get a conviction for your racing on a highway offense, the prosecution must prove the factors of the case that indicate racing a reasonable doubt. An experienced traffic law defense attorney has the ability to reduce your charges to speeding through convincing evidence that the defendant was in fact only speeding or passing through, and for a dismissal if the rate of speed was justified. A reduction or dismissal of your highway charges would mean avoiding the serious consequences that come with the conviction.

In case a law enforcement officer determines that a person was engaged in a drag race or race, the officer has the right to immediately arrest and take such person to custody so long as he is able to provided reputable facts about the incident during the hearings. All costs and fees for the impoundment of your vehicle will also add as a penalty since all these including the cost of notification will be charged to the owner of the vehicle.

Racing on highway defense will require you to have a good lawyer since this case may also be a felony; meaning, having consequences including the loss of certain rights, which can affect your ability to land a job or have a good life.

Rick Silverman, P.A.

311 S Brevard Ave. Tampa, Florida 33606

813-871-1125

http://www.tampabaytrafficlawyer.com/

http://www.businesslocallistings.com