Reckless Driving and Street Racing Defense
By Chad M. Seibel, former prosecutor · Last reviewed October 2026
Reckless driving and street racing are criminal charges in Florida, not just tickets. Racing and street takeovers now carry mandatory license revocation, and repeat charges can be felonies.
This page explains Florida's reckless driving law (section 316.192) and its racing, street takeover and stunt driving law (section 316.191). It is general information, not legal advice about a specific case.
Reckless Driving in Florida
Reckless driving means driving with "willful or wanton disregard for the safety of persons or property." That is more than carelessness. Careless driving is a civil ticket, and reckless driving is a crime. Fleeing a police officer in a vehicle counts as reckless driving under the law (see Fleeing and Eluding).
First conviction: Up to 90 days in jail, a fine of $25–$500, or both
Second or later conviction: Up to 6 months in jail, a fine of $50–$1,000, or both
Causing damage to another person's property, or injury to another person: First-degree misdemeanor (up to 1 year and $1,000)
Causing serious bodily injury to another person: Third-degree felony (up to 5 years and $5,000)
Fines don't include court costs and other assessments.
If the court believes alcohol or drugs contributed, it must order a substance abuse course and evaluation.
What is "wet reckless"?
People use "wet reckless" for a DUI charge resolved as reckless driving with alcohol-related conditions. Whether that's possible depends on the evidence and the driver's record. See DUI Defense.
Street Racing, Street Takeovers and Stunt Driving
Florida's racing law covers more than two cars racing. It includes:
Races and drag races, including one started on the spot by a challenge from another driver.
Street takeovers: blocking traffic on a road or parking lot to race or do burnouts, doughnuts, drifting or wheelies.
Organizing or helping, such as collecting money, blocking traffic, filming from a vehicle or bringing fuel, and knowingly riding as a passenger.
First: Classification (maximum jail or prison): First-degree misdemeanor (up to 1 year); Fine: $500–$2,000; License revocation: 1 year
Second, within 1 year of a prior violation resulting in conviction: Classification (maximum jail or prison): Third-degree felony (up to 5 years); Fine: $2,500–$4,000; License revocation: 2 years
Third or later, within 5 years of a prior violation resulting in conviction: Classification (maximum jail or prison): Second-degree felony (up to 15 years); Fine: $3,500–$7,500; License revocation: 4 years
For the racing law, a withheld adjudication still counts as a conviction. Fines don't include court costs and other assessments.
Knowingly impeding an emergency vehicle that is responding to an emergency during a race can be a felony on a first offense. Certain acts during a coordinated takeover of 10 or more vehicles can be too. Being a spectator, meaning knowingly choosing to attend, not just happening to be there, is a noncriminal infraction with a $400 fine.
Can police take my car?
Yes. After a racing arrest, an officer may impound the vehicle for up to 30 business days. A court can also order impoundment, and a vehicle used in a repeat violation within 5 years may be forfeited if the owner is the person charged.
Possible Defenses
Every case depends on its facts. Questions a defense lawyer may look at include:
Whether the driving was "willful or wanton" or only careless, which is a civil matter.
Whether there was actually a race, or two cars simply driving fast at the same time.
Identification: who was driving, especially in videos of large takeovers.
Reducing the charge: depending on the facts and the driver's record, a case may be resolved as a lesser offense. No outcome is guaranteed.
Talk With a Former Prosecutor
Chad M. Seibel is a former Florida prosecutor. If you or your teen was charged with reckless driving, racing or a street takeover, call or text 407-846-8008 for a free, confidential consultation. From outside the U.S., dial +1 407-846-8008. You can also request a consultation online.
Attorney Chad M. Seibel, Of Counsel at Perez LaSure Law. Office in Kissimmee. Consultations and meetings available throughout Florida by appointment. Hablamos español. Atendemos em Português.
Official sources
Section 316.192, Florida Statutes (reckless driving)
Section 316.191, Florida Statutes (racing, street takeovers, stunt driving)
Sections 775.082 and 775.083, Florida Statutes (penalty ranges)