K.Y. was returning from work on Wednesday, February 28, 2007, and while westbound in Fort Pierce, was stopped at a stoplight. Looking to his left, K.Y. noticed an acquaintance in a vehicle to his left, caught his attention, and began to engage him in pleasantries.
The light turned green, and both vehicles continued westbound, though slowly, as they were in the process of saying goodbye to one another. Because their slow speed was creating something of a ‘bottle-neck’ of traffic behind them, both cars rapidly accelerated to ease the congestion behind.
As they passed the Fort Pierce Police cruiser, the officer inside immediately concluded that the two vehicles were “racing”.
“Racing” is a criminal offense persuant to Ch. 316.191(2)(a), Fla. Stat. (2005), and carries with it, if the defendant is convicted, a maximum term of incarceration of one (1) year, a one-thousand-dollar (,000.00) fine; and/or one (1) year of probation. Additionally, upon conviction, the trial court is required to suspend the offender’s driving privilege for one (1) year.
After he was pulled over, K.Y. attempted to explain the circumstances to officer, who refused to believe him, stating instead, “Don’t lie to me or I’ll take you to jail”.
K.Y. was charged with Criminal Racing in State of Florida vs. K.Y., St. Lucie County case number 2007CT1344. He immediately hired Kirschner & Garland, P.A., a firm of Board Certified Criminal Trial lawyers, who specialize in handling criminal trial matters.
Attorney Jay Kirschner met with K.Y., and ultimately located a witness to the incident, listing the witness as a potential Witness for the Defense.
The case was set for May 3, 2007, and the Defense announced “Ready for Trial”. Six (6) days later, the state dismissed the case against K.Y.