Street racing in the Tampa Bay area has become a prevalent issue, with enthusiasts seeking the thrill of speed often crossing legal boundaries. As a criminal defense attorney in the region, I’ve witnessed the consequences that individuals face when caught in the web of street racing, reckless driving, and speed traps. This article by a traffic law expert sheds light on the recent developments, legal implications, and the impact of social media on this subculture.
Whether planned or spontaneous, these races often involve vehicles reaching speeds well above legal limits.
Street racing has deep roots in Tampa Bay’s nightlife, but the advent of social media has given this subculture a new platform. Enthusiasts use platforms like Instagram and YouTube to showcase their high-speed escapades, attracting attention and followers. Despite legal implications, the allure of social media attention remains a powerful motivator for participants.
Custom Cars and the Quest for Attention
Custom car shops, prevalent in the Tampa Bay area, contribute to the street racing scene. There is a distinction between legal racing and illegal street racing. One Tampa Bay shop focuses on customizing high-performance cars for legal racing, emphasizing safety on tracks with proper equipment.
Recent Crackdown on Gandy Boulevard
Law enforcement agencies in the Tampa Bay, including the Tampa Police Department and the St. Petersburg Police Department are taking robust measures to address the escalating issue of street racing, exemplified by a recent crackdown on Gandy Boulevard. In a coordinated effort involving six agencies, a total of 223 citations and 156 warnings were issued to drivers. The primary infractions leading to these penalties were drivers exceeding speed limits by a substantial margin, specifically 20 to 30 miles per hour.
This collaborative operation, which included the Florida Highway Patrol, Hillsborough Sheriff’s Office, Pinellas Sheriff’s Office, Pinellas Park Police Department, Tampa Police Department, and St. Petersburg Police Department, reflects a collective commitment to enhancing public safety and curbing the dangerous trend of street racing.
The elevated enforcement efforts were particularly targeted at curbing excessive speeds, a common feature of street racing activities. The severity of injuries and damage resulting from high-speed incidents underscores the critical importance of adhering to posted speed limits. By enforcing these limits, law enforcement aims to mitigate the potential for accidents, injuries, and fatalities on roadways.
These joint initiatives serve as a proactive response to the growing challenges posed by street racing, emphasizing the need for a comprehensive strategy to deter illegal racing activities. The involvement of multiple agencies signals a united front against this issue, emphasizing the collaborative approach needed to effectively address the complexities of street racing in the region.
It is essential for drivers and the community to recognize the significant consequences associated with engaging in street racing activities. Beyond the immediate legal penalties, the potential for severe injuries and property damage highlights the grave risks involved in these high-speed pursuits.
Buckle Up! Street Racing in Tampa Bay
Law enforcement agencies, by issuing citations and warnings, are sending a clear message that street racing will not be tolerated. This crackdown aligns with broader legislative efforts to enhance penalties for street racing offenses, aiming to create a deterrent against this hazardous behavior.
As part of a community committed to safety, individuals are encouraged to stay informed about the legal consequences of street racing and to actively support law enforcement efforts. Public awareness, combined with strict enforcement and legislative measures, can contribute to making roadways safer for everyone.
In light of these developments, it is crucial for individuals to be aware of the legal repercussions of street racing and to prioritize safety on the roads. If you or someone you know is facing legal issues related to street racing, seeking legal advice from a qualified attorney is paramount.
Legal Assistance: Facing legal trouble? Reach out to us now to discuss your case. We defend those accused of street racing offenses.
Law enforcement agencies in Tampa Bay are intensifying efforts to curb street racing, as evidenced by a recent crackdown on Gandy Boulevard. In a joint operation involving six agencies, 223 citations and 156 warnings were issued to drivers, primarily for exceeding speed limits by 20 to 30 mph. The severity of injuries and damage resulting from high-speed incidents underscores the importance of adhering to speed limits.
Florida’s efforts to combat the alarming rise of street racing and reckless driving have culminated in a robust legal framework aimed at curbing this dangerous trend. Under Florida law, engaging in street racing or exhibitions of speed is a criminal offense, subject to severe penalties. The statute, found in Section 316.191 of the Florida Statutes, defines street racing as the operation of two or more vehicles from a point side by side at accelerating speeds in a competitive attempt to outdistance each other or demonstrate superiority.
The penalties for street racing in Florida are substantial. Convicted individuals may face fines, mandatory community service, and even imprisonment. The severity of the penalties depends on various factors, such as prior convictions, property damage, or injury caused during the illegal race. Additionally, law enforcement officers can impound the vehicles involved in street racing incidents.
Florida’s legislative response has been proactive in addressing the challenges posed by street racing. The introduction of the new law, effective since October 1, 2023 allows law enforcement to pursue charges based on video evidence of street racing and takeovers. This innovative approach enhances the authorities’ ability to identify and penalize offenders even in the absence of direct observation.
For those seeking a comprehensive understanding of the Florida Street Racing statute, the full text can be found in the Florida Statutes, Section 316.191, accessible here. It is imperative for individuals to familiarize themselves with these legal provisions to avoid the serious consequences associated with street racing and to contribute to the overall safety of Florida roadways.
Florida’s Legislative Response
Senator Jason Pizzo, alarmed by the escalation of street racing incidents, successfully sponsored legislation to combat this issue. The new law, effective since October 1, allows law enforcement to pursue charges based on video evidence of street racing and takeovers. Violators face first-degree misdemeanor charges, with fines ranging from $500 to $1,000, and potential driver’s license revocation for up to a year.
Senator Pizzo emphasizes the need for legislative action to address not only street racing but also dangerous street takeovers. These takeovers, involving blocked intersections and car tricks, create chaotic scenes that can turn deadly. The legislation aims to hold individuals accountable for their actions, even in the absence of law enforcement witnessing the incidents.
Based on arrest reports, the Gandy Bridge emerges as a common location for street races in Tampa Bay. Whether planned or spontaneous, these races often involve vehicles reaching speeds well above legal limits. The Florida Highway Patrol’s dashcam footage depicts the challenges faced by law enforcement in apprehending drivers engaged in unsafe speeds.
As a criminal defense attorney, who has represented multiple racers in multiple levels of motorsports, deeply invested in the Tampa Bay community, I urge individuals to prioritize safety over the thrill of street racing. The legal consequences are severe, and the risks extend beyond the participants to innocent bystanders. By staying informed, raising awareness, and seeking legal assistance when needed, we can collectively contribute to making our roads safer for everyone.
Table – Who will be the Judge in My Street Racing Case?
First Letter Last Name
Name
Judge Assigned
A G O S U
GUTMAN, Jack
Division “A”
B F I P Q Z
TAYLOR, Margaret
Division “B”
D E M V X Y
FARR, Scott A.
Division “C”
C K R T
RICH, Jeffrey M.
Division “D”
H J, L W
CONRAD, John N.
Division “E”
Know your rights. Contact us for a free consultation on your case.
The State Of Florida Department Of Highway Safety And Motor Vehicles
Bureau Of Administrative Reviews
Tampa DUI Bureau of Administrative Reviews Office 2814 E. Hillsborough Ave. 33610-4479
CAUTION: Special Option DUI Hearings for First Time DUI Cases
First, this DHSMV Bureau of Administrative Reviews Office in Tampa 4902 E 10th Ave Tampa, FL 33605 holds many DUI Hearings.
Detailed Information Request For Eligibility Review – Business Purposes Only
Now, DUI Defendants have another confusing decision to make. The State Of Florida Department Of Highway Safety And Motor Vehicles Bureau Of Administrative Reviews allows a Request For Eligibility Review. Furthermore, the program has a few drawbacks.
While requesting this a driver may stay on the road for business purposes only. As a result, selecting this strategy results in a DUI Suspension that cannot be avoided. Waiver of the suspension hearing results in the automatic entry on your permanent driving record. The entry will indicate an alcohol-related traffic suspension for either refusing to take a breath test or a breath test result over .08.
Using this form (HSMV 72034) the DUI Suspension can be limited, but not avoided. Waiver of the suspension hearing results in the automatic entry on your permanent driving record. The entry will indicate an alcohol-related traffic suspension for either refusing to take a breath test or a breath test result over .08.
DUI Request For Eligibility Review Business Purposes Only
Nevertheless, you or your lawyers can request a review of your record for the purpose of reviewing and determining eligibility for immediate reinstatement of your driving privilege on a restricted basis as provided in section 322.2615(1)(b)3, Florida Statutes.
DUI Formal Review Hearings in Tampa, FL: Understanding Your Rights
If you’ve recently been arrested for DUI in Tampa, Florida, it’s crucial to be aware of the administrative suspension of your driver’s license. You have a limited window of 10 days after the arrest to request a formal review hearing to contest this suspension. The specific regulations governing this process are outlined in Florida Statute Section 322.2615 and Chapter 15A-6 of the Administrative Code.
The administrative suspension is triggered by a DUI arrest involving either a refusal to take a breath test or a recorded breath test reading above .08. Engaging an experienced DUI attorney at this stage is essential due to the intricacies involved in challenging the administrative suspension of a Florida driver’s license.
Our firm is well-versed in effective strategies for conducting formal review hearings in Florida, aiming to contest administrative suspensions successfully. Winning this hearing is a pivotal step in safeguarding your driving record and shielding yourself from the repercussions associated with being deemed to have driven under the influence of alcohol or drugs, even if you later avoid a DUI conviction in the criminal case.
The driver must understand the restriction is for Business Purposes Only as defined in section 322.271, Florida Statutes and the driver must pay a $25.00 filing fee for this review, pursuant to section 322.21(9)(a). The driver must also pay a reinstatement fee of around $200.00 to get the restricted license.
The driver must understand that the restricted license will be for the duration of the suspension period imposed under section 322.2615, Florida Statutes. First driving with an Unlawful Breath-Alcohol or Blood-Alcohol Level has 6 months suspension. Then Refusal to Submit to a Breath, Blood or Urine Test has 1-year suspension.
Reinstatement of the driving privilege uses statutory eligibility requirements. These include enrollment in DUI School. A driver must also understand that acceptance of the reinstated driving privilege as provided in section 322.271(7) Florida Statutes, is deemed a waiver of my right to formal and informal review under section 322.2615, Florida Statutes.
The Form, HSMV 72034 (0512013) is available by email upon request from our office.
Why is the Administrative Hearing Important?
Successfully navigating the formal review hearing process offers several benefits under Florida law:
Temporary Business Purpose Only (BPO) License: Requesting a formal review hearing provides an opportunity to obtain a 42-day BPO license (commonly known as a hardship license), allowing you to continue driving for business purposes while your attorney challenges the administrative suspension.
Non-appearance of Witnesses: If the arresting officer or breath test operator fails to appear after being served with a subpoena, you automatically win the administrative hearing.
Subpoena Power: You can subpoena witnesses, and if they fail to appear, you can secure an extended driving permit while your attorney enforces the subpoena against them.
Insufficient Evidence: If there is inadequate evidence to support the necessary showing required to uphold the suspension, you may win the hearing.
Invalidation of Suspension: Winning the hearing results in the invalidation of the administrative suspension, nullifying the actions taken by the arresting officer at the arrest scene.
Early Defense Exploration: Even if you lose the hearing, your attorney can subpoena witnesses, inspect calibration records, and explore crucial defenses early in your case.
Additionally, questioning officers or civilian witnesses during the hearing allows your attorney to lock them into their testimony, providing an opportunity to exploit inconsistent statements or disprove certain versions of events early in the case.
During the formal review hearing, the Florida DHSMV hearing officer will assess the evidence presented to determine, by a preponderance, if there is sufficient cause to uphold, modify, or annul the suspension of the driver’s license according to Florida Statutes Section 322.2615.
Key matters to be decided in the DUI formal review hearing when the driver is accused of exceeding the legal limit include:
Whether the DUI officer had reasonable grounds to believe that the individual was operating or in control of a vehicle in the State of Florida while under the influence of alcohol or controlled substances.
Whether the individual had an unlawful blood-alcohol level or breath alcohol level (BAL) of .08 or higher, as specified in Florida Statute 316.193.
For cases where the driver is accused of refusing a breath or urine test, the following issues will be considered:
Whether law enforcement had reasonable cause to believe the individual was driving or in control of a motor vehicle in the State of Florida under the influence of alcohol or a controlled substance.
Whether the individual declined to undergo a urine or a test measuring breath or blood alcohol level after being asked by a law enforcement officer.
Whether the individual was informed that refusing a test would result in a one-year suspension of their privilege to operate a motor vehicle, or in the case of a subsequent refusal, an eighteen-month suspension.
Additionally, the hearing officer must address whether the refusal to take a breath test occurred in connection with a lawful arrest.
Bureau of Administrative Reviews Office Locations
Tampa DUI Defense AttorneyW.F. “Casey” Ebsary, Jr. provides the Bureau of Administrative Reviews office locations as a public service. It is also useful for those who need to fight a DUI over .08 or Refusal to Submit to a Chemical Test Suspension. Therefore, the Locations for DUI Hearings in Florida, held at the Bureau of Administrative Reviews DHSMV are listed below. The hearing is usually requested on a special form, with required documentation, and a filing fee. Especially relevant, failure to make a proper request, within 10 days of a DUI arrest, results in a license suspension.
Before deciding to waive your right to challenge a suspension, carefully consider what a waiver of your rights means. Most noteworthy, we request and handle these hearings for our Driving Under the Influence clients.
“Drug Recognition Experts (DRE) in Florida and throughout the nation have raised concerns among both jurors and judges. This is because law enforcement and prosecutors aim to influence the independent judgment of these legal authorities in determining the potential impairment of criminal suspects.
We’ve acquired training manuals and carefully scrutinized the evidence supporting these so-called “experts.” Upon examination, it becomes apparent that these witnesses may not meet the rigorous requirements for the admissibility of “scientific” evidence, especially outside of law enforcement circles. Consequently, it is prudent to consider removing such witnesses from the list of prosecution witnesses.
Florida Drug Recognition Experts DRE
In just five minutes, you can gain insights into various aspects of DRE:
The History and Origin of the DRE.
The Comprehensive Training Regimen for Drug Recognition Experts (DRE).
The Entities Responsible for Conducting DRE Training.
The Unique Skillset Acquired by Drug Recognition Experts (DRE) that may not be readily available to judges and jurors.
Whether DRE “evidence” aligns with the standards for admissibility set forth by Florida law and the Daubert standard.”
Using Drug Recognition Experts (DRE), in FloridaDUI cases and across the nation, law enforcement and prosecutors are trying to circumvent the ability of jurors and Judges to reach their own conclusions as to the impairment, if any, of criminal suspects.
We have obtained training manuals and reviewed the evidence used to support these “experts” and you may also conclude the ability of these witnesses to meet the stringent requirements for admissibility of “scientific” evidence is far from generally accepted within any communities other than law enforcement. Such witnesses should be stricken from Prosecutors’ witness lists. In five minutes you will know: What is the History and Origin of the DRE? What is done during Drug Recognition Experts (DRE) training? Who does the DRE training? What special skills are Drug Recognition Experts (DRE) taught that judges and jurors don’t already have? Does DRE “evidence” meet the standard for admissibility under Florida law and the Daubert standard?
What is the History and Origin of the Drug Recognition Expert (DRE}?
The Los Angeles Police Department developed this area of alleged expertise in the 1970’s. The federal law enforcement agency, the National Highway Traffic Safety Administration (NHTSA) soon jumped on the bandwagon. Strikingly, the “certification” is now issued by the cop’s own International Association of Chiefs of Police (IACP) and not by a generally recognized educational or scientific institution.
7 Days to a Better You (DRE)
What is done during DRE training?
A Seven (7) day school is supposed to cover a 706-page manual. The curriculum begins by citing the Frye standard for admissibility, a standard that was abandoned in Florida in 2013 (see discussion below: Does DRE “evidence” meet the standard for admissibility under Florida law and the Daubert standard ? ).
During the 7 day romp, cops are allegedly trained in the following areas: Eye examinations; Physiology; Vital signs; the Central Nervous System; Depressants; Stimulants; Physician’s Desk Reference; Dissociative Anesthetics; Narcotic Analgesics. That is only half of the allegedly scientific in-depth training.
Let’s visit the second half of this highly accelerated educational program: Inhalants, Vital Signs, Cannabis; Signs and Symptoms; Drug combinations; Writing a resume (Curriculum Vitae); and wrap it up with a list of questions defense attorneys will ask when the newly minted expert tries to spew this garbage in court.
Seven days to a better you – In short, street cops become quasi-medical professionals in only one week.
Who does the Drug Recognition Experts (DRE) training?
The National Highway Traffic Safety Administration (NHTSA) and the International Association of Chiefs of Police (IACP).
What special skills are Drug Recognition Experts (DRE) taught that judges and jurors don’t already have?
None. Generally, witnesses are not allowed to opine on the guilt or innocence of the accused. When police try to use these “experts” they are attempting to tell the jury how to rule and why. Since the alleged expert issues a highly prejudicial opinion on an ultimate issue in the case, courts must allow only legally admissible evidence to reach jurors.
Does Drug Recognition Experts (DRE) “evidence” meet the standard for admissibility under Florida law and the Daubert standard?
No. In July 2013, Section 90.704, Florida Statutes, was amended to read: “Facts or data that are otherwise inadmissible may not be disclosed to the jury by the proponent of the opinion or inference unless the court determines that their probative value in assisting the jury to evaluate the expert’s opinion substantially outweighs their prejudicial effect.” Since, 2013, there is little guidance from courts and judges on the validity of this testimony.
Florida Rule of Criminal Procedure 3.220 requires disclosure of “reports or statements of experts made in connection with the particular case, including results of physical or mental examinations and of scientific tests, experiments, or comparisons . . . .” The rules also discuss, “expert witnesses who have not provided a written report and a curriculum vitae or who are going to testify . . . .” In 1996, the rules also contemplated, “experts who have filed a report and curriculum vitae and who will not offer opinions subject to the Frye test.” FRCP 3.220 at 151 Note ( July 1, 2014).
Florida Drug Recognition Experts DRE are only alleged experts who issue highly prejudicial opinions on ultimate issues in the case, courts must allow only legally admissible evidence to reach jurors under the 2013 amendments to Florida law and the ruling of the United States Supreme Court in Daubert v. Merrell Dow Pharmaceuticals, Inc., 509 U.S. 579 (1993), General Electric Co. v. Joiner, 522 U.S. 136 (1997), and Kumho Tire Co. v. Carmichael, 526 U.S. 137 (1999), and to no longer apply the standard in Frye v. United States, 293 F.2d 1013 (D.C. Cir 1923) . See generally, http://laws.flrules.org/2013/107 .
Standardized 12-Step Drug Recognition Experts Protocol
The 12-Step Drug Recognition Experts (DRE) Protocol is standardized because it is conducted the same way, by every drug recognition expert, for every suspect whenever possible. In the above video, the 12-Step Drug Recognition Experts (DRE) Protocol is not shown.
1. Breath Alcohol Concentration (BAC) Test administered to suspect
2. Interview with the Arresting Officer about BAC, the reason for stop & suspect’s behavior, appearance, and driving.
3. Preliminary Examination and First Pulse. DRE asks questions about health, recent food, alcohol, and drugs, including prescribed medications while DRE observes suspect’s attitude, coordination, speech, breath, and face. DRE examines pupils uses horizontal gaze nystagmus (HGN) and takes suspect’s pulse. If needed seek medical assistance immediately. Otherwise, the evaluation continues.
4. Eye Examination. behavior, appearance, and driving. DRE uses HGN, vertical gaze Nystagmus (VGN), and looks for a lack of convergence.
5. Divided Attention Psychophysical Tests. DRE administers the Modified Romberg Balance, the Walk and Turn, the One Leg Stand, and the Finger to Nose test.
6. Vital Signs and Second Pulse. DRE takes the subject’s blood pressure, temperature, and pulse.
7. Dark Room Examinations. DRE measures at pupil sizes under three different lighting conditions.
8. Examination of Muscle Tone. DRE examines the subject’s skeletal muscle tone (normal rigid, or flaccid).
9. Check for Injection Sites and Third Pulse. DRE looks for injection sites and takes suspect’s pulse.
10. Subject’s Statements and Other Observations. DRE reads Miranda, asks questions about drug use.
11. Analysis and Opinions of the Evaluator. DRE forms an opinion as the suspect is impaired. If DRE believes there is impairment, then the category of drugs will be indicated.
12. Toxicological Examination. DRE requests a urine, blood and/or saliva for toxicology lab analysis.
You want to Avoid DUI charges tonight (and always). Fortune Magazine says 111.3 million people watched last year’s Super Bowl. When we watch the big game with friends we may need a ride. Do NOT drink and drive. Here are the top DUI locations for Tampa. If you are charged with a DUI, call a lawyer ASAP Call (813) 222-2220. Before you even start drinking decide how you will get back home. Then you are thinking clearly and you can choose your best option: designate one person to take everyone home, use tow-to-go, take a taxi, use Uber, Lyft maybe even staying where you are.
What is Important?
You want to enjoy the game but you don’t want to make your life a mess. A DUI Charge is very expensive. The costs include:
money
lost wages,
court costs,
bail costs,
defense costs,
if you are adjudicated the increase in insurance costs,
sometimes costs associated with education,
time
time getting booked
time in court
time negotiating how to get back and forth to work or groceries or picking up kids
time learning about the charge
time deciding what attorney to hire
time away from family and friends
stress
stress of the DUI stop with the police
stress of being booked into the jail
stress of court proceedings
stress loss of driving
stress of loss of work
You should do everything you can to Avoid a DUI charge. If you still need a DUI attorney, we are ready to help. Casey Ebsary is an expert DUI attorney. Call him (813) 222-2220.
To find out what we say about avoiding DUI charges at other prime times:
In 2010, Tampa Police cracked down hard on Gasparilla Arrests. That year the police arrested more than 400 party-goers. Since then the arrests have plummetted. You should still be safe. You should still be careful. If you need an attorney call 813.222.2220.
Avoid Gasparilla Arrests
If you are under 21 years old do not drink at all.
You should only drink or carry an open container in the “wet zone.”
You should use the port-a-potty. No one wants to have you urinate in public.
You want to be sure and park in an area that is legal parking.
Do not drink and drive. You can have a sober friend drive. Or you can call a taxi, Uber or Lyft.
According to the Hillsborough County Sheriff’s records, there were few arrests at Gasparilla 2016. UPDATE: The final tally from the Tampa Police Department (TPD) was 24 misdemeanor arrests and 2 felony busts. The Florida Game Commission made a BUI Boating Under the Influence arrest in Hillsborough Bay, there was some Disorderly Conduct, and a few Driving Under the Influence charges. Standby for an official announcement from law enforcement source.
4 possession of marijuana
3 adult underage drinking
3 boating under the influence
3 disorderly conduct
3 resist arrest without violence
2 trespass after warning
1 battery
1 open container/striking a police horse
1 open container
1 petit theft
1 possession of a synthetic drug
1 open container citation
24 Misdemeanor Arrests for Gasparilla