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Racing on the Highway - Florida Statute 316.191 | West Palm Beach Criminal Defense Lawyer

traffic offenses

Many Americans have seen the movies in the Fast and the Furious series. Street racing is exciting and young males enhance their stock cars into high-performance racing machine. It is even more exciting when randomly two high-performance cars happen to pull up to a red light. Adrenaline starts pumping as one driver rev’s his engine to signal to the other driver that he wants to race. The other driver returns the rev and both wait. Suddenly, the light turns green and they launch from their positions.

This happens in West Palm Beach and it is illegal. Florida Statute 316.191 makes it illegal to race cars; however, Florida does not have a complete ban on all racing. Racing can be done legally at authorized drag strips, racetracks, or areas. The statute also makes it illegal to be a spectator at illegal races, which is why at illegal races someone will say, “Cops!” and everyone will bolt.

What the State Prosecutor has to Prove to Convict a Defendant of This Crime

The state prosecutor has to prove beyond a reasonable doubt either:

  1. The defendant either:
    1. Drove a motor vehicle in;
    2. Participated, coordinated, facilitated, or collected monies at the location of;
    3. Knowingly rode as a passenger in; or
    4. Purposefully caused moving traffic to slow or stop for; and
  2. A race, a drag race or acceleration contest, a speed competition or contest, a test of physical endurance, an exhibition of speed, or an attempt to make a speed record on a highway, road, or a parking lot.

The drivers can be racing any type of motor vehicle: cars, trucks, motorcycles, or mini-vans. This statute does not apply to bicycles, moped, motorized scooters, and yes, even Grandma’s electric personal assistive mobility device.


This crime is a first-degree misdemeanor which is punishable up to 365 days in jail and a minimum $500 fine which can go up to $1000 for the first offense. A conviction will result in the revocation of the defendant’s driver’s license for one year.

A second conviction within 5 years of the first is punishable as a first-degree misdemeanor and a minimum $1,000 fine which can go up to $3,000. There is also a two year driver’s license revocation.

A third conviction within 5 years of the second conviction is punishable as a first-degree misdemeanor. The conviction will result in a minimum mandatory fine of $2,000 up to $5,000 and a 4 year driver’s license suspension.

The car will also be impounded for 30 days or immobilized. Upon a second conviction, the car will be forfeited.

Contact the Law Office of Roger P. Foley, P.A.

If you have been arrested and charged with this crime in West Palm Beach, call us today to schedule a free 15 minute case strategy with one of our West Palm Beach attorneys. Our attorneys focus on criminal cases and will be more than happy to answer any questions you might have about your case. During the consultation, our attorneys want to know what happened. It is important to tell us everything. We will create a defense strategy for your case. We will take depositions of everyone who was a witness. We can go all the way to trial, if needed. Call us today so we can start working to resolve your case.

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Client Reviews
I was charged with Domestic Violence few years ago and I was referred to Roger Foley from a family member! Roger is a BULLDOG! He was great and very aggressive in helping me beat this bogus case. Case was dismissed! He was on top of everything until the end!! Thomas
My wife (Mother of Stepson) and I Hired Mr Foley to represent my stepson in a minor criminal case. We would highly recommend as it is obvious to us That Mr Foley Genuinely cares and wants to do the Best he can for you which he did for us. Also has a great rapport with all parties in the courtroom..... Steve
Roger P. Foley got me reinstated. Also he got my COS waived, and got me to still be terminated off of probation on my expected termination date. I feel very comfortable with the decision my lawyer made for me. Also I would refer him to anyone who has a criminal felony or misdemeanor case. Jamar
Roger is a very compassionate person, he truly cares about his clients. He helped me with my case and was there for me every step of the way even if it was just reassurance that I needed. I would recommend him to anyone, he is absolutely the best! Cassandra G.
I think your firm did a great job on 3 cases that were 28 years old. The results are better than expected. I truly appreciate the hard work that you and your firm put forth in obtaining the results that we did on this case. Jim