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.

 

I don't advocate racing in traffic, but if you have a clear road ahead of you with noone in site why not. How can u give someone the same charge as a DUI for racing someone with noone else on the road. Like with everything it takes a judgment call, and do you want someone you have never met making a call like that with your life.

 

It's about time. I heard this from a friend of mine. The only reason I say its about time is a lot of people like to cruise in packs. The LEO use and abuse the "street/drag racing" statue and have pulled over some people just doing that cruising at or under the speed limit and have charged them with street racing. I've seen threads about it on here. They've even charged people with street racing when they were just speeding and no other cars were present.

So the officer in the article is mad about the whole thing. I think he was probably one of them who abused it. It's just about time they realized it. Because a lot of LEO's have been picking on "modified" car owners.

 

That was only the Court of Appeals. I'd bet this is appealed to the state Supreme Court. Remember, if it was in the Court of Appeals, a lower Circuit Court had already upheld the law.

 

As understandable as the law is it really is hard to tell when someone is racing vs just speeding. I'm glad they got rid of the law. While i get where it was needed i just feel incredibly sorry for those who weren't racing at all. It's just a horrible perdicument to be caught up in, i mean it's worse then a DUI.....Which i think should be problem number one right there.(Not that street racing is safe of course, but you get the idea)

 

I've briskly left a trafic light before only to have some ricer moron come flying up along side of me. Had a cop been there and witnessed it, I could have been charged with street racing. It leaves way to much to interpretation. I don't condone street racing, but this law is not the way to fight it. It is unconstitutional.

 

Reposttttttttttttttttt.

 

How dramatic. As if there aren't a dozen charges a cop could give any street racer even without this law?

 

You may say that but it's not nearly as scary as the thought of losing your car along with your license and the mear thought of them doing the Cali thing and destroying your whip.

 

You're probably right. So for some people the penalty for street racing could be 30K and others it might be 2K.

Just wondering, do they impound or crush cars of drunk drivers?