Our client was charged with Racing on Highway. On a four lane highway, our client was stopped at a traffic signal. Beside our client in an adjacent lane, a vehicle revved its engine. When the light turned green, both rapidly accelerated. At the first court date, I argued that the elements of the crime could not be established beyond a reasonable doubt. The State offered an adjudication and court costs. I rejected the offer indicating that the State could not prove it. The State offered a withhold of adjudication and court costs. I rejected the offer on the basis that 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. Not waiving speedy trial, the Judge set it for a trial, for the following month. After providing case law to the prosecutor regarding what must be proven on a charge of Racing on Highway, the case was dismissed.
DUI & Criminal Division
