Street Takeovers Carry Serious Legal Consequences—Know Your Rights and How to Defend Against These Charges

Street takeovers—organized events where large groups of people take control of public roads for illegal street racing, burnouts, and other reckless driving activities—are becoming more common across Florida. These takeovers not only endanger the lives of participants but also of bystanders, leading law enforcement to crack down on them aggressively. Florida has passed strict laws that impose serious penalties for those involved in street takeovers, from drivers to organizers to spectators.

As a defense lawyer who handles street racing and related charges, I’ve seen the profound impact these arrests can have on a person’s life. If you’re facing street takeover charges in Florida, it’s crucial to understand the laws you’re up against, the potential penalties, and the defenses available to protect your future.

What is a Street Takeover Under Florida Law?

Street takeovers are large-scale events where groups of people block off public roads, highways, or intersections to conduct illegal street races or dangerous stunts like burnouts or drifting. These events are often organized through social media, making them difficult to predict and prevent. However, when law enforcement arrives, they treat street takeovers as a major public safety concern and will aggressively pursue criminal charges against anyone involved.

Florida law doesn’t have a specific statute labeled “street takeover,” but the activities that occur during these events fall under several criminal offenses. The most relevant Florida statute is Florida Statutes Section 316.191, which deals with street racing and drag racing. Under this law, it is illegal to participate in or organize a race on public roads. This includes speed competitions, acceleration contests, and stunts like burnouts and drifting. The law also applies to those who knowingly allow their property to be used for such events or assist in organizing them.

Participating in a street takeover could result in charges such as:

  • Street racing or drag racing: This is the core offense that applies to those driving or participating in races during a street takeover.
  • Reckless driving: Defined under Florida Statutes Section 316.192, reckless driving occurs when a person drives with willful or wanton disregard for the safety of persons or property. Reckless driving is often charged in conjunction with street racing.
  • Obstructing traffic: Many street takeovers involve blocking intersections or highways, which could lead to charges for obstructing traffic, a violation of Florida Statutes Section 316.2045.
  • Unlawful assembly: Depending on the circumstances, participants in a street takeover could also be charged with unlawful assembly under Florida Statutes Section 870.02, which makes it illegal for three or more people to gather with the intent to commit a breach of peace or other unlawful acts.

Penalties for Street Takeover Charges in Florida

The penalties for street takeover-related charges in Florida are severe and can escalate depending on the circumstances, including whether anyone was injured or if there was property damage.

  • First Offense for Street Racing or Drag Racing: A first conviction for street racing is a first-degree misdemeanor, punishable by up to one year in jail, a fine between $500 and $1,000, and a mandatory one-year driver’s license suspension. Additionally, the court may require the defendant to perform community service and attend a driver improvement course.

  • Subsequent Offenses: A second offense within five years increases the penalties. The fine ranges from $1,000 to $3,000, and the driver’s license can be suspended for up to two years. In some cases, repeat offenders may face longer jail terms.

  • Reckless Driving Penalties: If you’re charged with reckless driving in connection with a street takeover, the penalties can vary based on the outcome of the incident. A first reckless driving conviction is also a first-degree misdemeanor, with potential jail time of up to 90 days and fines of up to $500. If the reckless driving caused property damage or injury, the charges escalate to a third-degree felony, punishable by up to five years in prison.

  • Vehicle Impoundment or Forfeiture: Florida law allows law enforcement to impound or even seize vehicles used in illegal street racing or reckless driving incidents. This can result in a loss of your vehicle, in addition to facing criminal charges.

  • Additional Penalties for Organizers and Spectators: Recent legislative changes in Florida have expanded the liability for street takeovers to not just the drivers but also to those who organize, promote, or even spectate at these events. This means you can face charges even if you didn’t participate in the racing but were present at the event or helped organize it. Organizing or promoting a street race is considered a third-degree felony in Florida, carrying penalties of up to five years in prison and a $5,000 fine.

How a Private Attorney Can Help Fight Street Takeover Charges

If you’ve been charged with participating in or organizing a street takeover, hiring a private attorney can make a significant difference in the outcome of your case. Street takeover charges are serious, but they are also complex, and there are several potential defenses that an experienced lawyer can explore to protect your rights.

Here’s how a private attorney can help defend you:

1. Investigating the Arrest

One of the first things an attorney will do is examine the circumstances surrounding your arrest. Were your constitutional rights violated? Did law enforcement have probable cause to stop or arrest you? Was the evidence collected properly? If the police acted unlawfully during the investigation, an attorney can file motions to suppress evidence, which could weaken the prosecution’s case.

2. Challenging the Evidence

Street takeover cases often rely on video evidence, eyewitness testimony, or social media activity to identify participants. However, this evidence is not always clear-cut. For example, just because you were present at a street takeover doesn’t necessarily mean you were actively participating. Your attorney can challenge the evidence against you, arguing that you were not involved in the illegal activities or that the prosecution cannot prove your involvement beyond a reasonable doubt.

3. Negotiating for Reduced Charges

Even if the evidence against you is strong, an experienced attorney can work to negotiate a plea deal or reduced charges. For example, a first-time offender charged with street racing might be able to have the charge reduced to reckless driving, which carries lighter penalties and may not result in a license suspension. Additionally, your attorney can negotiate for alternatives to jail time, such as probation or community service.

4. Avoiding a Criminal Record

Having a criminal conviction on your record can have lasting consequences, affecting your employment prospects, your ability to obtain housing, and even your eligibility for certain professional licenses. A private attorney will work to protect your record by seeking a dismissal of charges, a not-guilty verdict, or an outcome that avoids a felony conviction.

5. Preventing Vehicle Forfeiture

If your vehicle was impounded or seized, an attorney can help fight to get it back. Florida law allows the state to seize vehicles used in street racing, but the process for doing so must be followed correctly. Your attorney can challenge the forfeiture proceedings and argue for the return of your vehicle.

6. Defense Strategies

Each street takeover case is different, and the best defense strategy will depend on the specific facts of your case. Here are some common defenses that may be applicable:

  • Lack of Participation: You may have been present at the street takeover but not actively participating. Being present at the scene is not enough to prove guilt, and your attorney can argue that you were simply an observer or were unaware of the illegal activities.

  • Mistaken Identity: With large crowds and chaotic scenes, law enforcement may arrest the wrong person. If you were mistakenly identified as a participant, your attorney can challenge the evidence and present alibis or witnesses to support your case.

  • Constitutional Violations: If the police violated your Fourth Amendment rights by conducting an illegal search or seizure, any evidence obtained as a result may be inadmissible in court. This could include videos, photographs, or other evidence collected without a proper warrant.

  • Entrapment: In some cases, law enforcement officers may actively encourage or participate in street takeovers in order to make arrests. If you were coerced or induced to participate in the event by police, entrapment could be a valid defense.

Florida Street Takeover Criminal Offense FAQs

What is the difference between street racing and reckless driving in Florida?

Street racing involves a competition between two or more drivers to see who can reach the highest speed, while reckless driving involves operating a vehicle in a way that shows a willful disregard for the safety of others. Both are serious offenses, but street racing typically carries harsher penalties, especially if it leads to property damage or injury.

Can spectators at a street takeover be charged with a crime in Florida?

Yes, under Florida law, spectators at street takeovers can be charged with a crime, especially if they are found to have knowingly participated in or promoted the event. Spectators who are merely present may face misdemeanor charges, while those who actively encourage or assist in the event could face more serious charges.

What happens to my car if it’s impounded after a street takeover arrest?

If your car is impounded following a street takeover arrest, you may be able to retrieve it after paying impound fees, depending on the outcome of your case. However, in some cases, the state may seek to seize your vehicle permanently if it was used in illegal racing activities. An attorney can help you challenge the forfeiture and fight to get your car back.

Is street racing a felony in Florida?

Street racing can be charged as a felony in Florida if it results in property damage, serious injury, or death. First offenses are typically misdemeanors, but repeat offenders or those who cause harm may face third-degree felony charges, which carry harsher penalties including prison time.

Can I get my street takeover charges dropped or reduced?

It is possible to get street takeover charges reduced or even dropped, especially if you have no prior criminal record or if there is insufficient evidence to prove your involvement. A private attorney can negotiate with prosecutors, challenge the evidence, and present alternative sentencing options to avoid a conviction.

Contact Musca Law 24/7/365 at 1-888-484-5057 for your FREE consultation

If you or someone you know is facing street takeover charges in Florida, the consequences can be severe, but with the help of an experienced attorney, you can protect your rights and your future. Contact Musca Law 24/7/365 at 1-888-484-5057 for your FREE consultation. Musca Law, P.A. has a team of experienced criminal defense attorneys dedicated to defending people charged in Florida with a criminal or traffic offense. They serve all 67 counties in Florida and are available 24/7/365 at 1-888-484-5057 for your FREE consultation.