Drag racing law ruled unconstitutional
09-25-2007, 05:20 PM
#1
Drag racing law ruled unconstitutional http://www.wptv.com/mostpopular/stor...9-edcad3afe76d
Reported by: Jamie Holmes
Photographed by: Christina Hendricks
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.
It's about time. Too late for some of us though
Reported by: Jamie Holmes
Photographed by: Christina Hendricks
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.
It's about time. Too late for some of us though
09-25-2007, 05:24 PM
#2
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about damn time, some cops use this to hammer people who arent doing as much drag racing as they are just speeding, a win for the civilians! no i am not cop bashing so dont start a cop hatin' debate in here over my comment
09-25-2007, 05:42 PM
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happy but if im gonna race im gonna do it where I no there is no LEO around or could possibly be around. Racing on the turnpike in south florida is like snorting blow right in front of a uniformed officer and thinking nothing will happen.
09-25-2007, 05:53 PM
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Originally Posted by DirtyBird222
happy but if im gonna race im gonna do it where I no there is no LEO around or could possibly be around. Racing on the turnpike in south florida is like snorting blow right in front of a uniformed officer and thinking nothing will happen.
09-25-2007, 06:13 PM
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FS 316.191
(1) As used in this section, the term:
(a) "Conviction" means a determination of guilt that is the result of a plea or trial, regardless of whether adjudication is withheld.
(b) "Drag race" means the operation of two or more motor vehicles from a point side by side at accelerating speeds in a competitive attempt to outdistance each other, or the operation of one or more motor vehicles over a common selected course, from the same point to the same point, for the purpose of comparing the relative speeds or power of acceleration of such motor vehicle or motor vehicles within a certain distance or time limit.
(c) Raching means the use of one or more motor vehicles in an attempt to outgain or outdistance another motor vehicle, to prevent another motor vehicle from passing, to arrive at a given destination ahead of another motor vehicle or motor vehicles, or to test the physical stamina or endurance of drivers over long-distance driving routes.
(2)(a) A person may not:
1. Drive any motor vehicle, including any motorcycle, in any race, speed competition or contest, drag race or acceleration contest, test of physical endurance, or exhibition of speed or acceleration or for the purpose of making a speed record on any highway, roadway, or parking lot;
2. In any manner participate in, coordinate, facilitate, or collect moneys at any location for any such race, competition, contest, test, or exhibition;
3. Knowingly ride as a passenger in any such race, competition, contest, test, or exhibition; or
4. Purposefully cause the movement of traffic to slow or stop for any such race, competition, contest, test, or exhibition.
(1) As used in this section, the term:
(a) "Conviction" means a determination of guilt that is the result of a plea or trial, regardless of whether adjudication is withheld.
(b) "Drag race" means the operation of two or more motor vehicles from a point side by side at accelerating speeds in a competitive attempt to outdistance each other, or the operation of one or more motor vehicles over a common selected course, from the same point to the same point, for the purpose of comparing the relative speeds or power of acceleration of such motor vehicle or motor vehicles within a certain distance or time limit.
(c) Raching means the use of one or more motor vehicles in an attempt to outgain or outdistance another motor vehicle, to prevent another motor vehicle from passing, to arrive at a given destination ahead of another motor vehicle or motor vehicles, or to test the physical stamina or endurance of drivers over long-distance driving routes.
(2)(a) A person may not:
1. Drive any motor vehicle, including any motorcycle, in any race, speed competition or contest, drag race or acceleration contest, test of physical endurance, or exhibition of speed or acceleration or for the purpose of making a speed record on any highway, roadway, or parking lot;
2. In any manner participate in, coordinate, facilitate, or collect moneys at any location for any such race, competition, contest, test, or exhibition;
3. Knowingly ride as a passenger in any such race, competition, contest, test, or exhibition; or
4. Purposefully cause the movement of traffic to slow or stop for any such race, competition, contest, test, or exhibition.
09-25-2007, 10:03 PM
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Best part in the entire report: the f-ing stupid media still using "drag racing" instead of the correct term "street racing." Drag Racing is done in a controlled enviroment, versus street racing which is, well, 
Derek
Derek
