Every year, the “Wheels Up, Guns Down” event during the Dr. Martin Luther King Jr. holiday sees riders on dirt bikes and ATVs flooding the streets of Miami. While the intentions of some participants may be to celebrate the day, the chaos often turns dangerous, disrupting traffic and endangering lives. This year, Miami-Dade law enforcement is trying to send a clear message: lawbreakers will face serious consequences.
If you’re considering joining this unsanctioned event, it’s essential to understand the legal risks. From hefty fines to potential felony charges, here’s a breakdown of what you could face if caught participating in these activities.
Why This Year Is Different & You Should Avoid Participation
The adrenaline rush of participating might seem fun, but is it worth the risk? Beyond the legal penalties, consider the safety issues. Riders often travel in large groups at high speeds, and accidents have resulted in serious injuries or fatalities in previous years.
Over the past year, law enforcement has become increasingly adept at making arrests for street racing and takeovers. They will likely be watching with drones and using tactics to box in entire crowds of participants and spectators with organized swarms of units. Don’t believe us? Read this.
Law enforcement, including the Miami-Dade Police Department and the Florida Highway Patrol, has ramped up their presence for MLK Day. They’ve pledged to confiscate vehicles, issue citations, and make arrests. In many cases, violators are tracked using helicopters, drones and even traffic cameras. There’s a new sheriff in town and this is her first major assignment. If she’s looking to make a strong opening statement, there could be many arrests. She did not mince words while issuing a warning this week.
What Charges Could You Face?
Participating in street takeovers, reckless driving, or similar activities during “Wheels Up, Guns Down” can lead to several charges:
- Reckless Driving
Riding ATVs, dirt bikes, or motorcycles recklessly—like weaving in and out of traffic or popping wheelies—constitutes reckless driving. This is a criminal misdemeanor in Florida. - Obstruction of Traffic
Blocking roadways or highways, even as part of a group, can lead to traffic obstruction charges. - Illegal Operation of an Off-Road Vehicle
ATVs and dirt bikes are not street-legal in most cases, especially if they lack proper registration or equipment. Operating these vehicles on public roads is illegal. - Street Takeover Participation
A law passed in Florida makes participating in a street takeover with 10 or more vehicles a felony offense. This includes being part of or organizing such events. - Fleeing and Eluding Police
Attempting to evade law enforcement officers is a serious felony. Even if you think you can outrun the police, the consequences of getting caught are severe. - Trespassing
Many riders in past events have been charged with trespassing on private or restricted property.
Penalties You Could Face
The penalties vary based on the charges, but here’s what you could be looking at:
- Reckless Driving:
- First offense: Up to 90 days in jail, a $500 fine, and points added to your driving record.
- Subsequent offenses: Higher fines, up to 6 months in jail, and potential license suspension.
- Illegal Operation of a Vehicle:
- Fines up to $500, depending on the jurisdiction.
- Impoundment of the vehicle, which you’ll have to pay to retrieve.
- Street Takeover (Felony):
- Prison sentence of up to 5 years.
- Fines up to $5,000.
- Permanent criminal record.
- Fleeing and Eluding:
- Mandatory minimum prison sentence of 3 years for aggravated fleeing.
- Suspension of your driver’s license for up to 5 years.
- Fines of $5,000 or more.
- Trespassing:
- Up to 1 year in jail or probation for a misdemeanor trespassing charge.
- Higher penalties if the trespassing involves certain properties like schools or government facilities.
What Can You Do If Charged?
If you or someone you know is arrested during this event, it’s critical to act fast. Hiring a traffic lawyer experienced in Miami’s laws can make a significant difference in your case. An attorney can help reduce charges, negotiate plea deals, or potentially have the case dismissed.
Final Thoughts
The Miami Sheriff’s warning this year is more than a message—it’s a promise to hold violators accountable. As a traffic lawyer, I strongly advise against participating in the “Wheels Up, Guns Down” event. The legal and personal consequences can be life-altering.
Think twice before revving that engine.
