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West Palm Beach Racing Attorney Josh LeRoy on:

Racings & Related Charges

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An experienced West Palm Beach Racing Attorney can make all the difference in the world when it comes to your final sentence – potentially years of your life. A few of the most common charges that fall into the speeding and racing category are detailed below.

Before hiring a Highway Racing Defense Attorney, what should I know about: F.S. 316.191?

Under Florida law, it is a criminal offense to race one’s car or motorcycle on any highway, road, or parking lot. The law carefully defines the word “race” to cover a driver’s competitive attempt to travel faster than another vehicle, whether the drivers planned such a race in advance or whether the event occurred spontaneously.

What defenses would a good Racing Attorney use for a Racing on Highways charge?

To convict you for racing on the highway, the State must prove that (1) you were the car’s driver and that you were (2) racing as defined by law.

Suppose you can show that you and another driver were both speeding in an agreed attempt to arrive at a particular destination with no competition involved.

In that case, authorities cannot lawfully convict you of the crime. In other words, the State must have evidence to justify its charge that you were genuinely racing.

If there is no statement by you, or anyone else in a position to know your state of mind confirms that you were involved in a race, the State, absent some other extraordinary evidence, cannot prove its case against you “beyond all reasonable doubt.”

Remember: the law requires the State to prove its case against you beyond all reasonable doubt. Thus, a racing attorney does not need to prove your innocence to win your case. Instead, by careful study of the facts and the law, a good racing defense attorney will attempt to show that reasonable doubt, or better yet, several reasonable doubts, exist in the State’s prosecution.

What are the penalties for Racing On a Highway?

As a first-degree misdemeanor, racing on the highway subjects the defendant to punishment ranging from a term of probation up to one year in the county jail. A first conviction requires the judge to revoke the defendant’s driver’s license for one year.

A second conviction for racing within five years of the first race requires the judge to order revocation of the defendant’s license for two years, and a third conviction within five years of the second race requires the judge to order revocation of the defendant’s driver’s license for four years.

Before hiring a Speeding Defense Attorney, what should I know about: F.S. 316.183?

In Florida, the first rule of law concerning speeding is it prohibits drivers from driving “at speed greater than is reasonable and prudent under the conditions.” One must also regard “the actual and potential hazards that exist.” Drivers must also sufficiently control their speed  “to avoid colliding with any person, vehicle, or other conveyance or object .”

In addition, the law requires drivers to reduce their speed when approaching an intersection, a railroad crossing, a hill

crest, and driving around a curve. Generally, the maximum speed limit in residential and business districts is 30 miles per hour and 55 miles per hour in other locations.

What type of defense might an experienced Speeding Attorney use?

How do police officers conclude that a person is speeding? Either by human judgment based on their observations or by using a computerized device, such as a radar gun, that measures a vehicle’s speed.

Both methods are subject to error, sometimes commonly so. Consequently, one defense to the charge of speeding is to show, after careful investigation, that the officer’s visual calculation was flawed or that the computerized device, not having been adequately maintained or timely tested, was unreliable.

What are the penalties for speeding in Palm Beach County?

Florida law classifies a speeding ticket as a non-criminal traffic infraction, punishable as a moving violation, as provided in Chapter 318. Moreover, a conviction for speeding adds points to a person’s driving record that can contribute to the suspension of the driver’s license.

What should I know before hiring a West Palm Beach Reckless Driving Attorney: F.S. 316.192?

Florida law defines “Reckless Driving” (Careless driving) as driving “any vehicle in willful or wanton disregard for the safety of persons or property.” In addition, fleeing from a police officer, according to Florida law, is considered reckless driving in itself.

What defenses would an experienced Reckless Driving Attorney use?

I equate reckless driving with driving on the sidewalk, driving on the wrong side of the road, or ignoring all traffic signals and pedestrians.

To convict you of reckless driving, the State must prove “beyond all reasonable doubt” that you drove in a manner that was “willful or wanton” in disregarding other people or property.

The law further defines “willful” as “intentional, knowingly, and purposefully,” and the law defines “wanton” as “a conscious and intentional indifference to consequences and with the knowledge that damage is likely to be done to person’s or property.”

In most cases, these are not easy elements to prove “beyond all reasonable doubt.” Furthermore, if the State’s only evidence against you is that you were speeding, you cannot be lawfully convicted of reckless driving.

Remember: the law requires the State to prove its case against you beyond all reasonable doubt. Thus, to win your case, an experienced speeding and racing attorney’s top priority will not be to prove you are innocent.

Instead, by careful study of the facts and the law, it is a speeding and racing defense attorney’s job to show that reasonable doubt, or better yet, several reasonable doubts, exist in the State’s prosecution.

What are the penalties for Reckless Driving in Palm Beach County?

Reckless driving is a hybrid misdemeanor, which means its punishments do not strictly adhere to the usual first and second-degree misdemeanor rules.

A first conviction can be punished with up to 90 days in the county jail, whereas a second or subsequent conviction can result in up to 6 months in the county jail. Remember, a second-degree misdemeanor is only punishable by 60 days in prison, and a first-degree misdemeanor is punishable by up to 1 year in the county jail.

However, the punishment for a reckless driving charge can be enhanced if an accident results from the driving or if alcohol is suspected.

Reckless driving that results in non-serious injury to another person or damage to another’s property is a first-degree misdemeanor, subjecting the defendant to punishment ranging from a term of probation up to one year in the county jail.

Reckless driving that results in “serious bodily injury” (as defined by law) is a third-degree felony, punishable by a term of probation of up to 5 years in prison—the first conviction for reckless driving without injury or damage subjects the defendant to 90 days in jail.

A second conviction for reckless driving without injury or damage is punishable by six months in prison.

Reckless Driving and DUI

Often, obtaining a “wet reckless” (reckless driving where alcohol was involved) is the desired alternative to a DUI. Although the penalties for the two offenses are similar, a DUI conviction has much more severe consequences for your driving privileges and insurance rates than a reckless driving conviction.

Moreover, a DUI has a mandatory adjudication, whereas a reckless driving charge can result in a withheld adjudication.

If you have been charged with reckless driving or a DUI and hope to reduce your sentence, call our office to discuss your case.

What is Fleeing Or Attempting To Elude A Law Enforcement Officer: F.S. 316.1935?

Under Florida law, it is against the law to willfully refuse to stop your car when you know that a police officer has ordered you to stop. It is similarly against the law to drive away attempting to elude the officer after having stopped in compliance with such an order.

Fleeing or attempting to elude by driving at high speed or with a “wanton disregard for the safety of persons or property” carries heavier penalties. If serious bodily injury or death results, the penalty is even greater.

What is an example of a defense against Fleeing Or Attempting To Elude?

Suppose the State alleges that you fled or attempted to elude a police officer in a marked patrol car with a siren and lights activated.

The State’s must present evidence that the vehicle was marked or that officers activated the siren and lights. If they can’t, your case must result in your acquittal. These kinds of deficiencies in the State’s prosecution are not uncommon.

Similarly, Florida law requires the State to show, beyond all reasonable doubt, that you acted “willfully,” defined by the law as “intentionally, knowingly, and purposefully.”

Hence, if your attorney shows that your actions, alleged to have been fleeing or attempting to elude, were either not intentional, not knowing, or not purposeful, then the State cannot lawfully convict you.

Remember: the law requires the State to prove its case against you beyond all reasonable doubt. Thus, to win your case, it is not your attorney’s job to prove you are innocent. Rather, by careful study of the facts and the law, it is your attorney’s job to show that reasonable doubt, or better yet, several reasonable doubts, exist in the State’s prosecution.

What are the penalties for charges of Fleeing Or Attempting To Elude in Palm Beach County?

Fleeing, or attempting to elude a police officer, or a police officer in a marked patrol vehicle with siren and lights activated, is a third-degree felony, subjecting the person convicted to a range of punishment from a term of probation up to five years in prison, and revocation of one’s driver’s license from one to five years.

Fleeing or attempting to elude punishment is a second-degree felony punishable by a term of probation of up to 15 years in prison and revocation of one’s driver’s license for one to five years. Fleeing or attempting to elude includes driving at high speeds or with “a wanton disregard for the safety of persons or property” or causing non-serious injury or property damage.

Fleeing or attempting to elude causing severe bodily injury or death is classified as a first-degree felony, punishable by a minimum mandatory sentence of 3 years imprisonment, up to 30 years in prison, and revocation of one’s driver’s license for one to five years.

Aggravated fleeing or attempting to elude occurs when a person, leaving or trying to leave the scene of a crash over a police officer’s order to stop, causes injury to another or damage to the property of another.

The offense is a second-degree felony, punishable by a term of probation of up to 15 years in jail and revoking one’s driver’s license for one to five years. However, suppose severe injury or death occurs. In that case, the offense is a first-degree felony, punishable by a minimum mandatory sentence of 3 years imprisonment up to 30 years imprisonment and revocation of one’s driver’s license for one to five years.

Charged? Call West Palm Beach Racing Attorney Josh LeRoy Because Experience Wins. Can You Afford to Lose?

If you, or someone you know, need a Racing Attorney in West Palm Beach (Palm Beach County from Boca Raton, Boynton Beach, Delray Beach, Lake Worth, and up to Jupiter), or any of the surrounding areas, use the form below to drop me a note.

Tell me about yourself, what’s happened, and when would be a good time to contact you.

-Joshua LeRoy, Esq.

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