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
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