Thursday, August 27, 2015

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

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