Drag racing statute unconstitutional

[JonB]

http://www.wptv.com/mostpopular/stor...9-edcad3afe76d

Found this on another forum. Good news for some, personally I don't race on the street anymore but we have all guilty of doing it here and there. No longer can they put you in jail for it.



"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."

[9t8z28]

So what has changed?

[Neo]

That's only your state, so you non-floridians out there, don't get stoopid.

4th Dist. Ct. of Appeals applies only to your state and it's lower courts. So it's only in Florida where they can't lock you up anymore.

If it had failed there and been brought to Supremem Court by some fucking miracle, then it would be for the enitre U.S.

But right now, only Florida.

[JonB]

"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."

Before it was $500-$1000 fine up to 60 days in jail plus court cost and lose your license for 2 years all on your first offence. Now it will basically be a ticket for wreckless driving.

[JonB]

That's only your state, so you non-floridians out there, don't get stoopid.

4th Dist. Ct. of Appeals applies only to your state and it's lower courts. So it's only in Florida where they can't lock you up anymore.

If it had failed there and been brought to Supremem Court by some fucking miracle, then it would be for the enitre U.S.

But right now, only Florida.

But this is a start for the rest of the country, im sure other states such as cali there will be similair cases coming to there state supreme court.

[67CamaroRSSS]

But this is a start for the rest of the country, im sure other states such as cali there will be similair cases coming to there state supreme court.

Didn't you know? Cali is it's own country with it's own laws. That's why I left......

[67CamaroRSSS]

But this is a start for the rest of the country, im sure other states such as cali there will be similair cases coming to there state supreme court.

Didn't you know? Cali is it's own country with it's own law. One of the many reasons I left.