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Racing on a highway is one of the most unjustly charged offenses in the entire Florida traffic code, and it has harsh penalties for anyone who is convicted. Benjamin Herbst is an experienced South Florida racing lawyer who aggressively takes on state prosecutors and law enforcement in court, and never backs down from trial. There are numerous defenses available under the racing statute, and Benjamin is well versed in all of the tactics used to win cases. He is available 7 days a week to discuss your case, and provides his cell phone number to all clients for night and weekend access. Racing charges cannot be taken lightly, as a conviction comes with the possibility of up to a year in jail and a 1-year license revocation. There is also a minimum fine of $500 and enhanced penalties for repeat offenders. A second conviction could result in a 2-year license revocation and a 4-year revocation for a third or subsequent offense. Anyone charged with racing in Florida also faces the possibility of his or her car or motorcycle being impounded or immobilized by law enforcement for up to 30 days, which can lead to a lien being placed on the vehicle until tow and storage fees are paid. A repeat offender also faces the possibility of his or her vehicle being seized and subject to forfeiture. This means the police can actually take your car or bike and sell it for their own profit. Do not risk any of these consequences and gamble with your freedom and your ability to drive. Contact Florida criminal defense lawyer Benjamin Herbst at (954) 543-0305 anytime to discuss how you can beat your racing charges.
Law enforcement officers have a history of improperly charging motorists with unlawful highway racing. This is especially true in areas such as Miami Beach and Fort Lauderdale during popular tourist times, or on weekends. While some racing cases are like we see on tv and in the movies where there is a prearranged location and numerous spectators, most charges occur between two strangers that are both stopped at intersections. Anyone who peels out or accelerates faster than what an officer deems is safe or normal may be subjected to arrest and a charge for racing. Officers are given a wide discretion to charge defendants with racing, and may charge one or more people if the officer believes that the two drivers were acting in a competitive manner to challenge one another. We have seen cases where simple revving of an engine at a red light can prompt an officer to make an arrest for racing, but this type of evidence will not stack up in court. Benjamin will take on the police in court in order to prove to the judge or jury that the charge lacks the required evidence.
Racing does not necessarily require that two vehicles were speeding or peeling out from a start. Long distance racing or rallying is also illegal under Florida law, and while not as common, could lead to prosecution. Any person who actively participates in race is also subject to a racing charge, and even bystanders are subject to prosecution (bystanders are subject to a civil non-moving violation). The racing laws in Florida can be complicated, but complicated often means there are numerous defenses and arguments that can be used in court. Benjamin is a South Florida lawyer who handles racing charges in Miami-Dade, Broward and Palm Beach Counties, and knows all the defenses that may be available to his clients. Benjamin also specializes in representing to out of state clients visiting Florida, and clients in the Treasure Coast jurisdictions of Martin County and St. Lucie County. Call Benjamin today at (954) 543-0305 and start fighting back.