Florida Statute §316.191 | Classification: First-Degree Misdemeanor to Third-Degree Felony
What Is This Charge?
Street racing in Florida includes drag racing, participating in a speed competition or acceleration contest, or knowingly participating in, facilitating, or spectating a race on a public road or highway. Even passengers who encourage a race can face charges.
Penalties & Fines
-
First offense: First-Degree Misdemeanor — up to 1 year jail, $1,000 fine
-
Second offense within 5 years: Third-Degree Felony — up to 5 years, $5,000 fine
-
Driver’s license revocation: 1 year for first offense, up to 4 years for subsequent offenses
-
Vehicle impoundment for up to 30 days
-
50 hours of mandatory community service
Additional Consequences
-
Permanent criminal record
-
Significant auto insurance rate increases
-
Immigration consequences for non-citizens
-
Civil liability if racing caused an accident or injury
Possible Defenses
-
You were not racing — you were keeping pace with the natural flow of traffic
-
No agreement or competition existed between vehicles
-
You were unaware another driver was attempting to race
-
The officer’s observations were insufficient to establish racing
Why You Need a Defense Attorney
Racing charges require proof of a willful agreement to compete — simply driving fast does not constitute racing under Florida law. An attorney will challenge the officer’s observations, review any video evidence, and assess whether the legal elements are actually met. A second conviction becomes a felony.
Call today for a free consultation: (813) 888-8888 | Email: [email protected]
Serving Hillsborough, Pinellas, Pasco, and Polk Counties. Virtual consultations available.