Street Racing and Street Takeover Defense in Kissimmee
By Chad M. Seibel, former prosecutor · Last reviewed November 2026
In Florida, street racing, drag racing and street takeovers are crimes, not traffic tickets. A first conviction carries a 1-year license revocation, and some conduct can be a felony even on a first offense. Passengers, organizers and people filming from a car can be charged too.
This page explains Florida's racing, street takeover and stunt driving law (section 316.191, Florida Statutes). It is general information, not legal advice about a specific case. For reckless driving, see Reckless Driving Defense.
Chad M. Seibel is a former Florida prosecutor with an office in Kissimmee, Osceola County. For a free, confidential consultation about your case, call or text 407-846-8008.
What Counts as Racing in Florida?
The law covers more than two cars lined up at a light. It includes:
A race: one or more vehicles competing after a challenge, whether planned ahead or started on the spot. That can mean trying to pull ahead of another car, keep it from passing, or get somewhere first. A challenge can be inferred from how the drivers acted.
A drag race: two or more vehicles accelerating side by side, or timed runs over the same course, to compare speed or acceleration.
A street takeover: blocking or slowing traffic on part of a road or a parking lot to race or do stunts.
Stunt driving: burnouts, doughnuts, drifting, wheelies or other dangerous driving as part of a street takeover.
Speed contests and exhibitions of speed or acceleration, and attempts at a speed record.
The driving ban applies on highways, roads and parking lots, and to cars, trucks, motorcycles, mopeds, ATVs, off-road vehicles and vehicles not licensed for the road. Organizing or collecting money for an event can be charged wherever it happens. The law does not apply at licensed or authorized racetracks, drag strips or other areas set aside for racing by the proper authorities.
Who Can Be Charged?
Not only the drivers. Under section 316.191(2), a person can also be charged for:
Taking part in, organizing (including through social media), helping with, or collecting money for the event.
Knowingly riding as a passenger.
On purpose blocking or slowing traffic, including foot traffic, for the event.
Driving a vehicle to film or record the participants. Bona fide news media are exempt from this part only.
Driving a vehicle carrying fuel for the cars in the event.
What about people who were just watching?
Being a spectator at a drag race or street takeover is a noncriminal traffic infraction with a $400 fine. The law defines a spectator as someone who knowingly chose to attend or take part, not someone who happened to be nearby. In deciding that, a court may consider things like the person's relationship to a driver, betting, filming, and posting the event on social media. A spectator who also helps run the event, such as by blocking traffic, may face a criminal charge instead.
Street Racing Penalties
The list shows adult penalties under section 316.191(3). Some apply on a first offense.
First violation: first-degree misdemeanor (up to 1 year); fine $500–$2,000; license revoked 1 year.
Second violation within 1 year of a prior violation that led to a conviction: third-degree felony (up to 5 years); fine $2,500–$4,000; license revoked 2 years.
Third or later violation within 5 years of a prior violation that led to a conviction: second-degree felony (up to 15 years); fine $3,500–$7,500; license revoked 4 years.
Driving, blocking traffic, filming from a vehicle or carrying fuel during a coordinated street takeover: third-degree felony (up to 5 years); fine $2,500–$4,000; license revoked 2 years.
Knowingly blocking or interfering with an emergency vehicle that is responding to an emergency: third-degree felony (up to 5 years); fine $2,500–$4,000; license revoked 2 years.
A repeat emergency-vehicle violation: second-degree felony (up to 15 years); fine up to $10,000; license revoked 4 years.
A coordinated street takeover means 10 or more vehicles driven in an organized way to take over the road. Having 10 cars in the same area is not enough by itself. The 1-year and 5-year windows count from the date of the earlier violation, not the date of its conviction.
Fines don't include court costs and other assessments, and other sentencing laws can raise the penalties in some cases. For the racing law, a plea or verdict counts as a conviction even if adjudication is withheld, for the license revocation and for any later charge. Juvenile cases follow different rules.
Can I get a license to drive to work?
A person whose license is revoked for racing may request a hearing with the Florida Department of Highway Safety and Motor Vehicles under section 322.271, which can allow restricted driving for business or work. Approval is not automatic. It depends on eligibility, the driving record and required courses.
Can Police Take My Car?
Yes. If an officer arrests someone for racing, the officer may impound the vehicle used for 30 business days. A court may also order the vehicle impounded or immobilized as a condition of jail or probation. The owner pays the towing and storage costs, or the renter if the car is leased or rented, unless the impoundment order is dismissed.
If a court orders impoundment and the car belongs to a parent or someone else, the clerk must notify the registered owner and any lienholder within 7 business days.
Forfeiture is different from impoundment. A vehicle may be seized and forfeited if it is used in a racing violation within 5 years of the driver's prior racing conviction and the owner is the person charged. That window counts from the date of the earlier conviction. During a coordinated street takeover, the arresting agency may also move to seize a vehicle under the Florida Contraband Forfeiture Act. A seizure is not the same as losing the car for good.
What Should I Do After a Charge or Impoundment?
Keep the citation, arrest papers and towing or impound paperwork.
Write down your court dates and read the instructions on each document.
Keep messages, videos and other evidence. Don't delete or change them, and avoid posting new comments about what happened.
Ask a lawyer about the charge, your license and how to get the vehicle back. Getting the car back doesn't resolve the criminal case.
Possible Defenses
Every case depends on its facts. Questions a defense lawyer may look at include:
What exactly is charged? A racing charge needs evidence of a challenge and a competitive response. An exhibition of speed is a different allegation with its own proof. Speeding may be a separate charge, such as reckless driving or a super speeder charge, and each has its own elements.
Identification: who was driving, especially when the case is built on phone videos or social media posts of a large crowd.
Knowledge and choice: whether a passenger knowingly rode along, or a person at the scene chose to attend rather than happened to be there.
Location and exceptions: whether the event was at a licensed or authorized track, or the person filming was bona fide news media.
Prior convictions: whether an earlier case actually falls inside the 1-year or 5-year window that makes a new charge a felony.
Resolving the case: depending on the facts and the person'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 street racing, a street takeover or stunt driving, or your car was impounded, 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 316.191, Florida Statutes (racing, street takeovers, stunt driving)
Section 322.271, Florida Statutes (license hearings)
Sections 775.082 and 775.083, Florida Statutes (penalty ranges and fines)