Criminal defense
Street Racing, Street Takeovers and Dangerous Speeding in Miami
Florida's racing law was toughened in 2024, and a new crime of dangerous excessive speeding took effect July 1, 2025. Passengers, people filming and people who help organize can be charged too, not just drivers.
Dennis Gonzalez Jr. is a former Miami-Dade prosecutor who has been defending people since 2012. Our office answers 24 hours a day.
What the Law Prohibits (Fla. Stat. § 316.191)
On a highway, roadway or parking lot, a person may not:
- drive in a race, drag race, street takeover, stunt driving (burnouts, doughnuts, drifting, wheelies), speed contest or exhibition of speed;
- participate in, coordinate (including through social media), facilitate or collect money for one;
- knowingly ride as a passenger in one;
- purposely slow, stop or block traffic, including pedestrians, for one;
- drive to film or record participants (bona fide news media are exempt); or
- carry fuel to refuel a car in one.
Being a spectator is a noncriminal infraction with a $400 fine.
What the State Must Prove
- Racing, takeovers and stunt driving (Instruction 28.5(a)): that you did one of the acts above for a race, takeover, stunt driving or speed event on a highway, roadway or parking lot.
- Dangerous excessive speeding (Instruction 28.5(b)): that you drove 50 mph or more over the limit, or at 100 mph or more in a way that threatened people or property or interfered with another vehicle.
Penalties
Racing, takeovers and stunt driving:
- First violation: first-degree misdemeanor (up to 1 year in jail), a fine of $500 to $2,000, and a 1-year license revocation.
- Second violation within 1 year of a prior conviction: third-degree felony (up to 5 years), fine of $2,500 to $4,000, and a 2-year revocation.
- Third or later within 5 years: second-degree felony (up to 15 years), fine of $3,500 to $7,500, and a 4-year revocation.
- Knowingly blocking an emergency vehicle responding to a call: third-degree felony; a repeat is a second-degree felony with a 4-year revocation.
- Coordinated street takeover (10 or more vehicles): third-degree felony, fine of $2,500 to $4,000, 2-year revocation, and a vehicle used to block traffic may be seized.
Under this law, a "conviction" includes a plea or verdict even if adjudication is withheld. Police may arrest without a warrant on probable cause, and the car may be impounded for 30 business days.
Dangerous excessive speeding (Fla. Stat. § 316.1922):
- First conviction: up to 30 days in jail or a $500 fine, or both.
- Second or later: up to 90 days or a $1,000 fine, or both. A second or later violation within 5 years after a prior conviction also brings a license revocation of 180 days to 1 year.
Common Situations in Miami
- A weekend car meet in a shopping-center lot that turns into a takeover.
- Riding along with a friend, or filming on your phone from your own car.
How We Defend These Charges
- What did you actually do? Being present is not driving, and spectating is an infraction, not a crime. Passengers must ride "knowingly."
- Identification. Phone and social-media video is often blurry or edited.
- The speed. How was it measured: radar, pacing, aircraft, or an estimate? For the 100-mph version, the State must also show the driving threatened safety or interfered with traffic.
- The stop and the search. See Motions to Suppress.
What to Do First
- Do not post or delete anything about the event.
- Call us about the license revocation and the criminal case together.
Why Choose Dennis Gonzalez Law, P.A.
- Former Miami-Dade prosecutor.
- Defending people since 2012.
- Super Lawyers recognition and an Avvo Rating of 10.0.
- Bilingual office — se habla español.
- We answer 24 hours a day. Call (305) 209-0384.
You can read about some of our past cases on our Results page.
Frequently Asked Questions
I was only watching. Can I be arrested?
Spectating is a $400 noncriminal infraction. Participating, filming from a car, blocking traffic or helping organize are crimes.
Is going 100 mph a crime now?
Driving 100 mph or more in a way that threatens people or property or interferes with another vehicle, or driving 50 mph or more over the limit, is the crime of dangerous excessive speeding since July 1, 2025.