Drag Racing Law Deemed Unconsitutional !

**Scott** · 09-26-2007, 10:58 PM

Well looky here ! While I am not for street racing I always thought the drag racing law was way to harsh, heck it is more harsh than DUI in most cases.

Will be interesting to see where this goes and if another angle is taken to try and curb street racing.

Drag racing statute deemed unconstitutional - WPTV NewsChannel 5

What gives them the right? To chew up the streets, racing at speeds in excess of a hundred miles an hour, threatening themselves and anyone else on the road?

"They have no right,," says PBSO Lt. Mike Murray. "That's why we're out here and want to put those people in jail."

The job has gotten a little tougher. Law enforcement has lost a valuable tool in its war on wheels.

The statute used to punish drag racers has been found unconstitutional by the Fourth District Court of Appeals.

The ruling involved a Broward teen who was driving 130-miles in a 65-mile an hour zone.

The judges ruled officers couldn't determine who was drag racing, and who was just passing another car that was also speeding.

"You could have two people driving down the turnpike next to each other at the same rate of speed, and based on the way the statute is written, this is what the court said, that they both could be charged with drag racing," says Elizabeth Parker with the State Attorney's office.

But when does common sense come into this, asks law enforcement?

The statute had been a valuable tool that had helped lock up at least 70-people for drag racing in Palm Beach County in the last year.

It also gave cops and prosecutors a heavy hand against those doing a lot more than just driving down the turnpike.

"If you're convicted under this drag racing statute, you face what?" asks Holmes.

"Up to a year in jail and an automatic license suspension, if convicted, which is more of a harsh sentence than a first DUI offender," says Parker.

Without the drag racing statute, prosecutors will have to rely on other charges like reckless driving.

With that though, it doesn't really matter whether you're speeding for work, or you're speed racing, the punishment is the same.

"I think what happens by taking this out it's saying the government, the courts are saying, 'It's not really such a big deal. Yeah, drag racing is dangerous and all that, but it's not any worse than you speeding down the highway.,'" says Murray.

-

**CHRIS** · 09-26-2007, 11:03 PM

Finally some common sense.

**shinysideup** · 09-26-2007, 11:49 PM

Good. This eliminates others from being drug down with the person acting most irresponsible.

Im sometimes wary of others because if I accelerate for even a short time aother fool will have to do a ricer flyby and what?were racing? Im n my own world.

Na306StAnG · 09-27-2007, 12:32 AM

Back roads FTW

riverviewnative · 09-27-2007, 12:36 AM

Bout time those idiots in power got rid of that shit. I have been street racing since I was kid. Only on back roads with no one past the start line kind of stuff. But the laws took all the fun out of it. We even had cops stop by and tell us when they would be patroling so we would not be there. We ended up using an old industrail park that had a 1/2 mile of concrete and was closed at night. Made alot of money there and had the blessing of the Sheriffs Office. Now maybe we can get back to it again since the cops won't catch so much crap for turing a blind eye. The is when the were not watching

smokeshow · 09-27-2007, 01:12 AM

So what about all the people who got busted and were only spectators...??? Are they going to compensate them for their loses?

GNs-r-slow · 09-27-2007, 04:02 AM

I believe there should be laws for street racing (in traffic)

I work in the system and see how messed up it is on a daily basis!!
Traffic is a BIG MONEY maker for counties. Its not about deturring things from happening, ask anyone that has had a DUI. All Hillsborugh County wants is fines, court costs, schooling and probation (all money). They want people to recommit offenses

flynbrian · 09-27-2007, 04:05 AM

Quote:

Originally Posted by smokeshow

So what about all the people who got busted and were only spectators...??? Are they going to compensate them for their loses?

I see big class action lawsuits coming!!!

**topher469** · 09-27-2007, 09:10 AM

Well the state will end up having to send back the money collected under that law. Just like the did with the impact fees they used to charge for out of state cars.

Ford DNA · 09-27-2007, 10:06 AM

Quote:

Originally Posted by GNs-r-slow

I believe there should be laws for street racing (in traffic)

I work in the system and see how messed up it is on a daily basis!!
Traffic is a BIG MONEY maker for counties. Its not about deturring things from happening, ask anyone that has had a DUI. All Hillsborugh County wants is fines, court costs, schooling and probation (all money). They want people to recommit offenses

That's the truth. I went with someone to traffic court when I was a teenager..I was shocked at what people were getting for DUIs. Total slap on the wrist.

TurboRanger91 · 09-27-2007, 01:01 PM

for the most part, when it comes to "racing on the highway", officers have way to much free reign. they often times assume too much, and make inferences that just aren't true in any way. i've seen it happen first hand. a buddy of mine was trying to pass a car on 275 one day. the car then sped up to keep him from passing. there was a police officer that happened to be clocking and my friend was pulled over. the officer told him that he was racing and wanted to know the name of his friend in the other car. it took 20 minutes to make the officer realize that he was merely speeding and the other car followed suit. that officer wanted more then anything to bust him for racing.

**stangerang** · 09-28-2007, 10:17 AM

cops always assume the worst, you all know about ASSuMEing.

the new ruling is the way it should be, there are plenty of assholes on the road doing alot worse things than speeding, like driving slow in the fast lane, illegal lane changes, and just being old farts. get these people off the road, then wory about the small amount of people "racing"

09-26-2007, 10:58 PM	#1 (permalink)
Scott Padre Solo FTW ! Car: 1990 Blurboed Mustang, 2003 Infiniti M45 My TRGarage A few places.... : 2147483647	Drag Racing Law Deemed Unconsitutional ! Well looky here ! While I am not for street racing I always thought the drag racing law was way to harsh, heck it is more harsh than DUI in most cases. Will be interesting to see where this goes and if another angle is taken to try and curb street racing. Drag racing statute deemed unconstitutional - WPTV NewsChannel 5 What gives them the right? To chew up the streets, racing at speeds in excess of a hundred miles an hour, threatening themselves and anyone else on the road? "They have no right,," says PBSO Lt. Mike Murray. "That's why we're out here and want to put those people in jail." The job has gotten a little tougher. Law enforcement has lost a valuable tool in its war on wheels. The statute used to punish drag racers has been found unconstitutional by the Fourth District Court of Appeals. The ruling involved a Broward teen who was driving 130-miles in a 65-mile an hour zone. The judges ruled officers couldn't determine who was drag racing, and who was just passing another car that was also speeding. "You could have two people driving down the turnpike next to each other at the same rate of speed, and based on the way the statute is written, this is what the court said, that they both could be charged with drag racing," says Elizabeth Parker with the State Attorney's office. But when does common sense come into this, asks law enforcement? The statute had been a valuable tool that had helped lock up at least 70-people for drag racing in Palm Beach County in the last year. It also gave cops and prosecutors a heavy hand against those doing a lot more than just driving down the turnpike. "If you're convicted under this drag racing statute, you face what?" asks Holmes. "Up to a year in jail and an automatic license suspension, if convicted, which is more of a harsh sentence than a first DUI offender," says Parker. Without the drag racing statute, prosecutors will have to rely on other charges like reckless driving. With that though, it doesn't really matter whether you're speeding for work, or you're speed racing, the punishment is the same. "I think what happens by taking this out it's saying the government, the courts are saying, 'It's not really such a big deal. Yeah, drag racing is dangerous and all that, but it's not any worse than you speeding down the highway.,'" says Murray. -

09-27-2007, 12:36 AM	#5 (permalink)
riverviewnative Registered User Car: My TRGarage : 657266915	Yee haw Bout time those idiots in power got rid of that shit. I have been street racing since I was kid. Only on back roads with no one past the start line kind of stuff. But the laws took all the fun out of it. We even had cops stop by and tell us when they would be patroling so we would not be there. We ended up using an old industrail park that had a 1/2 mile of concrete and was closed at night. Made alot of money there and had the blessing of the Sheriffs Office. Now maybe we can get back to it again since the cops won't catch so much crap for turing a blind eye. The is when the were not watching

09-26-2007, 11:03 PM	#2 (permalink)
CHRIS soon to have 5 grand Car: 89 coupe, 06 Chevy Colorado My TRGarage St. Pete : 2147483647	Finally some common sense.

09-26-2007, 11:49 PM	#3 (permalink)
shinysideup gone fishin Car: My TRGarage town : 2147483647	Good. This eliminates others from being drug down with the person acting most irresponsible. Im sometimes wary of others because if I accelerate for even a short time aother fool will have to do a ricer flyby and what?were racing? Im n my own world.

09-27-2007, 12:32 AM	#4 (permalink)
Na306StAnG Stock sucks!! Car: 1988 LX Coupe 1994 Angry Panda 1997 Slightning My TRGarage Largo : 2147483647	Back roads FTW

09-27-2007, 01:12 AM	#6 (permalink)
smokeshow Slower Than Dial-up... Car: 00 Svt Lightning, 98 1/2 Svt Contour My TRGarage On 22's : 2147483647	So what about all the people who got busted and were only spectators...??? Are they going to compensate them for their loses?

09-27-2007, 04:02 AM	#7 (permalink)
GNs-r-slow Registered User Car: 89 Lx coupe My TRGarage Brandon : 1013990876	I believe there should be laws for street racing (in traffic) I work in the system and see how messed up it is on a daily basis!! Traffic is a BIG MONEY maker for counties. Its not about deturring things from happening, ask anyone that has had a DUI. All Hillsborugh County wants is fines, court costs, schooling and probation (all money). They want people to recommit offenses

09-27-2007, 09:10 AM	#9 (permalink)
topher469 BillionClub Member BISHES Car: 2001 SVT Lightning !! YEAH My TRGarage St. Petersburg : 2147483647	Well the state will end up having to send back the money collected under that law. Just like the did with the impact fees they used to charge for out of state cars.

09-27-2007, 01:01 PM	#11 (permalink)
TurboRanger91 it's always something Car: 91 Ford Ranger My TRGarage Kansas City, Mo (formerly Clearwater) : 5073566	for the most part, when it comes to "racing on the highway", officers have way to much free reign. they often times assume too much, and make inferences that just aren't true in any way. i've seen it happen first hand. a buddy of mine was trying to pass a car on 275 one day. the car then sped up to keep him from passing. there was a police officer that happened to be clocking and my friend was pulled over. the officer told him that he was racing and wanted to know the name of his friend in the other car. it took 20 minutes to make the officer realize that he was merely speeding and the other car followed suit. that officer wanted more then anything to bust him for racing.

09-28-2007, 10:17 AM	#12 (permalink)
stangerang whoopdy fucking do! Car: 1989 mustang vert (2.3 - DD) - 1990 F-150 & project DOMEPORT-7-XR & CBR900RR My TRGarage st pete : 66402294	cops always assume the worst, you all know about ASSuMEing. the new ruling is the way it should be, there are plenty of assholes on the road doing alot worse things than speeding, like driving slow in the fast lane, illegal lane changes, and just being old farts. get these people off the road, then wory about the small amount of people "racing"