Traffic Offense Attorney

Racing on Highway

Florida's Racing on a Highway statute, § 316.191, Fla. Stat., involves racing a motor vehicle. The statute is worded very broadly which often allows the person charged to make a claim that the statute is unconstitutional as applied to the facts of their particular case. Although the title of the statute is "racing on a highway" the statutory terms also include racing on a road or parking lot.

Because the statute is so broadly worded, law enforcement officers often selectively enforce the statute. The penalties and punishments under Florida's street racing statute are harsh including a driver's license suspension and hefty fines. Even a first offense requires a one-year driver's license suspension.

Penalties for Racing on the Highway have been recently increased. Anyone charged with racing can face the following:

• Up to 90 days in Jail
• Mandatory one year drivers license suspension for a first conviction
• Mandatory two years drivers license suspension for a second conviction
• Driver’s License Revocation– Under Section 316.191(3)(a), Florida Statutes, the Department of Highway Safety and Motor Vehicles must revoke an offender’s driving privileges for a minimum period of one year upon conviction, EVEN IF ADJUDICATION IS WITHHELD. For subsequent offenses, the revocation period can increase to four years (for a third offense);
• Mandatory fines between $500 and $1,000 fine for a first conviction, $2,500 for a second conviction
• Impoundment of the vehicle used by the defendant
• Seizure and forfeiture of the vehicle involved in the race if the Defendant had a prior conviction for racing within the past 5 years

Unlawful Tag / Attaching Tag Not Assigned

This is a common criminal traffic violation. It is a second degree misdemeanor punishable up to 60 days in the county jail. Even though jail may be unlikely on a first time charge for attaching tag not assigned, the possibility exists for up to 6 months of probation and up to a $500 fine. Under Florida Statute 320.261 it is unlawful for any person to knowingly attach to any motor vehicle any registration license plate or attach a validation sticker in which the plate or sticker was not issued, assigned, or lawfully transferred to such vehicle.

Fail To Register Vehicle

This is another common criminal traffic violation. Every driver that owns a vehicle needs to have the vehicle properly registered to drive their vehicle on the road.

It is a criminal offense for a person to drive an automobile if the automobile does not have a valid registration. Florida Statute 320.02 states that,

“Every owner or person in charge of a motor vehicle that is operated or driven on the roads of the State of Florida must register the vehicle in Florida. At the time of registration the owner must provide proof of financial responsibility and insurance.”

Penalties

The penalties for Fail To Register Vehicle are as follows:

• A second degree misdemeanor charge on their criminal record
• Up to a $500 fine
• Up to 60 days in jail
• Up to six months of probation

Not having proof of registration is a different charge than not having a valid registration. Not having proof of registration means that the driver has registration but does not have the ability to prove it to the officer at the time of the citation.

An expired registration of less than 6 months will be deemed as a non-criminal offense, but if the registration has been expired for more than 6 months and it is a second offense, the accused individual may be charged criminally..