Racing on a Highway in Florida

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: erica@fllegaldefense.com

Serving Hillsborough, Pinellas, Pasco, and Polk Counties. Virtual consultations available.