Racing on the Highway - a New Statute to be Abused
I’m telling you, here’s a new criminal charge for both law enforcement and the State to abuse. I started as a prosecutor some 38-39 years ago. At that time, I observed that the charge of “Resisting Without Violence,” was the easiest means for law enforcement to arrest on. In fact it was so abused as it continues to be so abused at times. Not always, but way too often. The officer would say:
“He moved fast as if he was going to strike me ; the tone of his voice; and expressions created a reasonable fear for my safety.”
“He slightly shoved me as I removed him from the vehicle.”
No one was going to tell the cop in court, we don’t believe you. No one! The officer would typically win such disputes with many.
Here’s a new charge for abuse by law enforcement with severe consequences . . . “Racing on the Highway.” I’m going to set fort below what racing is and how you can perceive or see yourself as a victim at the whim of a law enforcement officers declaration. I mean, whose going to challenge him? The State? No. The court. . . most likely no.
How is the Crime Committed
Under , Fla. Stat. § 316.191. "racing" is defined as the use of one or more motor vehicles in an attempt to outgain or outdistance another motor vehicle, to prevent another motor vehicle from passing, to arrive at a given destination ahead of another motor vehicle or motor vehicles, or to test the physical stamina or endurance of drivers over long-distance driving routes . Reaves v. State, 979 So. 2d 1066 (2008), State v. Wells, 965 So. 2d 834 (2007).
Statutory Definition and Elements of "Racing"
The statutory definition of "racing" under Florida law establishes four distinct activities that constitute the offense when utilizing one or more motor vehicles:
Attempting to outgain or outdistance another motor vehicle . Reaves v. State, 979 So. 2d 1066 (2008), State v. Wells, 965 So. 2d 834 (2007).
Preventing another motor vehicle from passing . Reaves v. State, 979 So. 2d 1066 (2008), State v. Wells, 965 So. 2d 834 (2007).
Arriving at a given destination ahead of another motor vehicle or motor vehicles . Reaves v. State, 979 So. 2d 1066 (2008), State v. Wells, 965 So. 2d 834 (2007).
Testing the physical stamina or endurance of drivers over long-distance driving routes . Reaves v. State, 979 So. 2d 1066 (2008), State v. Wells, 965 So. 2d 834 (2007).
Secondary legal authorities note that participating in an unauthorized race under Fla. Stat. § 316.191. is not only a statutory violation but also constitutes prima facie evidence of negligence for any injuries directly caused as a result of the racing.
Penalty
This charge brings a license revocation of one year. Now fathom that. A D.U.I. can end up with a six month suspension. But, here the above nebulous offense of racing gets you a year suspension. Should you face this charge, give me a call.
Sincerely,
Jeffrey W. Wiggs, Esq.
307 N. Barrow Ave.
Tavares, Fl. 32778
352//253-0100
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