Typically, motorists or motorcyclists will "shut down" roads and begin racing each other up the street. This vehicle code essentially outlaws "street racing" and "drag racing." (f) (1) If a person is convicted of a violation of subdivision (a) for an offense that occurred within five years of the date of a prior offense that resulted in a conviction of a violation of subdivision (a), that person shall be punished by imprisonment in a county jail for not less than four days nor more than six months, and by a fine of not less than five hundred dollars ($500) nor more than one thousand dollars ($1,000). These offenses are punished under Vehicle Code 23109 VC (speed contests) and Vehicle Code 23103 VC (reckless driving) . Reckless driving endangering the lives and safety of others. He was approaching a few weeks off from work due to the school taking a winter holiday break, so he promised to take care of the community service and online class over the break. [A speed contest does not include an event in which the participants measure the time required to cover a set route of more than 20 miles but where the vehicle does not exceed the speed limits.]). For a first penalty you may receive any or multiple penalties below: "Often times, these individuals are doing these sideshows exactly because people are watching," San Jose Police Department Chief Eddie Garcia said to ABC7. Anyone who's ever attended a car meetfrom formal Cars & Coffee-style events to a casual owners gatheringknows that it just takes one or two idiots to spoil it for everyone. California street racing is defined as a speed contest and is illegal and punishable by law. Please do not include any confidential or sensitive information in a contact form, text message, or voicemail. It is worth the investment of time and money to fight these charges with the help of an experienced criminal defense attorney. Do not hesitate to contact us at Shouse Law Group. The vehicle does not exceed the speed limit during the event. Then again, so would convincing a skeptical officer that you didn't know what was about to go down in the moment. Its usually smarter to try and talk to a police officer and attempt to bargain for a more acceptable penalty, than to try and run. As used in this section, a motor vehicle speed contest includes a motor vehicle race against another vehicle, a clock, or other timing device. ATM thieves use glue and 'tap' function to drain accounts at Chase, Big Bear begins running out food and fuel as ski resorts remain open, Do not to buy Raspberry Rally cookies from eBay, Girl Scouts say. Vehicle Code 2800.2 VC Flight from pursuing peace officer. -- Vehicle Code 23109 VC. Free of charge, find out what your best defense is by calling The Law Place at 1-800-FIGHT-IT (1-800-344-4848). Gov. It's especially fraught when you consider the fact that sideshows often involve the sudden takeover of a public road or intersection with random passersby well within that 200 feet radius. (This happens especially frequently withelderly drivers.). 2. As written, simply stopping and staring at the spectacle could potentially count as an arrestable offense. Free Consultation - Call (310) 782-2500 - Greg Hill & Associates aggressively represents the accused against charges in Speed Contest Ticket & Pre-Trial Hearing cases. That's a fair observation, and the city's recent string of injuries and fatal accidents tied to street racing is a just cause. This ticket was not our clients first brush with the law. ", "Thanks again for your hard work. For more information about street racing issues, please click on the following articles: We serve clients throughout California including those in the following localities: Los Angeles County including, Spectator at a Street Race (L.A.M.C. The persons privilege to operate a motor vehicle may be restricted for 90 days to six months to necessary travel to and from that persons place of employment and, if driving a motor vehicle is necessary to perform the duties of the persons employment, restricted to driving in that persons scope of employment. This form is encrypted and protected by attorney-client confidentiality. Other related charges may include reckless driving, evading a police officer, or even destruction of property, each potentially carrying further penalties. (3) A bone fracture. And if you violate those restrictionsor drive at all while your license is suspendedthen you could face separate charges forVehicle Code 14601 VC driving on a suspended license. You dont need to intend to: Example: Adolfo is a first-generation college student trying hard to fit in with his new peers. The case is called People v. Watson.8. Street racing is illegal in California, usually punishable by up to 90 days in county jail and a fine of up to $1,000. This was better than having the case reduced to an infraction. The information contained in this website is for general information purposes only. According to the ordinance, any person present as a spectator at a street race or reckless driving exhibition can face up to $500 in fines. Exhibition of speed is defined as accelerating or driving a vehicle at a dangerous speed in order to make an impression on other people. Spectators of sideshow events there could face misdemeanor charges and up to a $1,000 fine for watching sideshow events. An individual charged with a moving violation for watching a street race could argue that they were not there to watch the race and that the charge was unjust. As of July, the number of races and street takeovers across Los Angeles had jumped 27% in 2021, according to the Los Angeles Police Department. Greg then went to the Compton Superior Courthouse for the arraignment, a bit worried because he had no presents for the prosecutor to show our client was worried about the charge and to show he was taking the case seriously. Adolfo did not intend to break the law or cause anyone any harm; he did not even really want to be involved with the race. Email the author: kyle@thedrive.com. A fine of between five hundred dollars ($500) and one thousand dollars ($1,000). Traffic Safety: AB43 would authorize local officials to further reduce speed limits beyond the state's current parameters in situations where needed to protect pedestrians and cyclists. Note: speed racing does not include an event where participants measure time to travel a route if its over 20 miles, and the vehicle does not exceed the speed limit during the event. partaking in a speed contest (per VC 23109), custody in county jail for up to 90 days, and/or. (c) (1) Notwithstanding Chapter 10 (commencing with Section 22650) or any other provision of law, an impounding agency shall release a motor vehicle to the registered owner or his or her agent prior to the conclusion of the impoundment period described in subdivision (a) under any of the following circumstances: (A) If the vehicle is a stolen vehicle. If you are watching a street racing event or are present at a location where preparations for such an event take place, you are considered a spectator, and according to California law you are still liable for a potential citation. In order to do it willfully, it means you intended to break the law or gain some sort of advantage. He welcomed my input and my concerns. But the penalties increase to: Reckless driving is a wobbler offense if someone other than the driver is seriously injured. Authorities in California reportedly impounded 78 cars that were spectating a street takeover in the Los Angeles region over the weekend. Takeover participants feel empowered to perform dangerous stunts and allegedly claim that catching injuries or crashes on a video actually boosts their popularity. ((a) (1) Whenever a peace officer determines that a person was engaged in any of the activities set forth in paragraph (2), the peace officer may immediately arrest and take into custody that person and may cause the removal and seizure of the motor vehicle used in that offense in accordance with Chapter 10 (commencing with Section 22650). The penalties for engaging in a speed contest increase if either (or both) of the following is true: If you have a prior conviction for a speed contest that occurred within five (5) years of this alleged speed contest, then your misdemeanor penalties increase to: Plus, if this is your second or subsequent conviction for a speed contest within a 5-year-period and you are sentenced to misdemeanor probation, then you will still be required to serve at least forty-eight (48) hours in county jail as a condition of your probation.18. Set aside the debate on whether it's reasonable or even feasible for police to show up to a crowd of potentially hundreds of spectators and grab the small handful they can while everyone else slips away; let's also acknowledge that attending an illegal and dangerous event does make someone part of the problem. Example: Charlotte is an avid motorcyclist whose husband owns a car dealership. Spectator to Street Racing-Statute 316.191 (3) In an attempt to combat street racers throughout Florida, the Florida legislature crafted a law which prohibits individuals from being a spectator at any drag racing event. The Drive contacted the California Highway Patrol via phone and email to verify if these cars had been, in fact, impounded due to the reasons listed above, but we've yet to receive a response. We do not handle any of the following cases: And we do not handle any cases outside of California. Same. Other accounts glorify the stunts by gathering and posting videos from users that attended. Vehicle Code 23109 VC Speed contests, subsection (e)(1), endnote 3, above. Here are five you should know about. If you are found guilty of one of these offences, you will be assessed a fine.General public. The account that posted the photo is from the Street Racer Task Force, which is a multi-agency group that joins efforts with law enforcement to stop street racing and takeovers. A July 2019 sideshow in North Highlands split off to at least two other spots. We will update this article as more information becomes available. He described himself as having a newborn son with his girlfriend, who he planned to marry. Marcus and Jayden are engaging in a dangerous speed contest. Definitely recommend! What happens if you get caught street racing in California? If the police gets wind of the race taking place they will attempt to block off the race at both ends and ticket the racers and the spectators. . In California, where the problem is particularly widespread, the city of San Jose passed an ordinance this week making it illegal to even watch a street race or sideshow as a spectator, a crime now punishable by a $1,000 fine and six months in jail. That law is meant to prevent talking or texting while driving, unless using a hands-free device. If a street race was taking place in a particular area, a local person may have simply wondered over to see what all of the raucous was about. Furthermore in case of serious bodily injury (even includes concussion or loss of consciousness) you may be looking at a sentence of 16 months to 3 years in jail, and up to $10,000 fine. 2.2. This form is encrypted and protected by attorney-client confidentiality. voted unanimously to approve the legislation. It shall be unlawful for any individual to: (a) Knowingly gather, attend, or assist an illegal speed contest or illegal exhibition of speed as defined by Vehicle Code Section 23109; or. April 22, 2020. Nothing on this or associated pages, documents, comments, answers, emails, or other communications should be taken as legal advice for any individual case or situation. Cookies are small text files that can be used by websites to make a user's experience more efficient. It all hinges on the word "knowingly," which is left to the discretion of the arresting officer. The facts of a case may lead a prosecutor to charge street racing as reckless driving, per VC 23103. Vehicle Code 23109(c) VC Exhibition of speed. This is what California Law States What happens if I just watch? Your intensity and interest helped a lot.". App. Learn aboutspeed contests (CRS 42-4-1105). But those who participate in sideshows -. Technology, performance and design delivered to your inbox. 4th 1276, 188 Cal. He works closely with his clients, and carefully chosen private investigators and experts, to build the strongest defense in cases ranging from DUI to driving on a suspended license tospeed contests. We do our very best to keep our information accurate, but we will not be held liable for any inaccuracies. 13.46.010) Dismissed :: Los Angeles County Criminal Defense Lawyers Greg Hill & Associates. AlachuaBakerBayBradenton Speeding Ticket AttorneyBrevard CountyBrowardCalhounCharlotteCitrusClayCollierColumbiaDaytona Speeding Ticket AttorneyDesotoDixieDuvalEscambiaFranklinGadsdenGilchristGladesGulfHamiltonHardeeHendryHernandoHighlandsHillsboroughHolmesJacksonJacksonville Traffic Ticket LawyerJeffersonLafayetteLakeLeeLeonLevyLibertyMadisonManateeMarionMartinMelbourne Traffic Ticket AttorneyMiami DadeMonroeNaples Speeding Ticket AttorneyNassauOcalaOkaloosaOkeechobeeOrangeOrlando Speeding Ticket AttorneyOsceolaPalm BeachPascoPensacola Traffic Ticket DefensePinellasPolkPutnamSaint JohnsSanford Speeding Ticket LawyerSanta RosaSarasotaSeminoleSt.Lucie CountySumterSuwanee CountyTallahasseeTaylorUnionVolusiaWakullaWaltonWashington. (b) This section applies to all of the following injuries: (1) A loss of consciousness. Here are some examples of people who could end up charged as a speed contest: Engaging in a speed contest is amisdemeanor in California. California Courts (Courts) Traffic tickets are handled at the county office in which the ticket was issued. More California laws on mental health, traffic and wages taking effect on Jan. 1. Vehicle Code 2800.1 VC Flight from pursuing peace officer, endnote 33, above. The prosecutor, a young guy with the District Attorneys office, discussed the case with Greg and kindly offered diversion, wherein our client could earn a dismissal by attending an eight-hour traffic school online and perform just 20 hours of approved community service. Top 100 Trial Attorneys in the United States. Tuesday's proposal will make it illegal to encourage or help people gather at sideshows and street racing events. For purposes of Vehicle Code 23109 VC, serious bodily injury means a serious impairment of physical condition, including (but not limited to): When a person is arrested for a speed contest, the arresting officer has the right to seize the vehicle used to commit the alleged offenseandimpoundit for up to thirty (30) days.24. As a result, they had new equipment that was purchased but sitting around unused as they went through the state bureaucratic process. A conviction for a speed contestcan tarnish an otherwise clean criminal record, or affect your ability to drive your car to earn a living or maintain a normal life. The client then described his job and how he felt very privileged to even have a job with his criminal history. SometimesCalifornia Highway Patrolor police officers will try to turn a speeding case into a Vehicle Code 23109(a) VC case in order to increase their arrest numbers, or out of personal malice toward a particular arrestee.
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