See also Vehicle Code 23109.1 VC Speed contests causing injury. The website cannot function properly without these cookies. It's a bold new tactic for policeand one that warrants a closer look. What happens if a person is convicted of 23109 VC? California evading an officer laws, Vehicle Code 14601 VC driving on a suspended license, Vehicle Code 2800.1 VC misdemeanor evading an officer, Vehicle Code 2800.2 VC felony reckless evading, drag racing and unauthorized speed contests (NRS 484B.653), Navarrete v. Meyer (Cal. What it also does is potentially hold people accountable for the decisions of complete strangers. There can be serious consequences to speed racing, and if you get charged you should consider fighting it in court. (7) Brain injury. Articles may contain affiliate links which enable us to share in the revenue of any purchases made. If convicted of street racing or aiding and abetting a street. 2. ]), CALCRIM 2201 Speed Contest (Veh. (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. Unlike "normal" street racing, where people are competing to see whose car is fastest, takeovers focus on blocking off a street or intersection so drivers can act like idiots for social media bragging rights. (2) If a person is convicted of a violation of subdivision (a) and that violation proximately causes bodily injury to a person other than the driver, the person convicted shall be punished by imprisonment in a county jail for not less than 30 days nor more than six months or by a fine of not less than five hundred dollars ($500) nor more than one thousand dollars ($1,000), or by both that fine and imprisonment. ([The term highway describes any area publicly maintained and open to the public for purposes of vehicular travel, and includes a street. 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. "We need to increase the penalties for illegal street racing activities to send a message that this activity will not be tolerated.". This is a misdemeanor punishable by, Note that officers may write the citation as. We'll assume you're ok with this, but you can opt-out if you wish. (5) A wound requiring extensive suturing. This vehicle code essentially outlaws "street racing" and "drag racing." Law enforcement officers across the state, including Pinellas (Satellite Office), Hillsborough, and Miami-Dade have conducted sting operations to prevent such activity. Is watching an illegal street race illegal? Speed contest is defined as a race of a vehicle against another vehicle or a clock. LAPD investigators say at least . The facts of a case may lead a prosecutor to charge street racing as reckless driving, per VC 23103. Being accused or arrested for a crime does not necessarily mean you will be convicted in court. 4th 206, 11 Cal. -- Vehicle Code 23109 VC. Still, the heavy-handedness on display here should concern both car enthusiasts and fans of reasonable policing alike. What crimes can be charged for street racing? We have local criminal law offices in and around Los Angeles, San Diego, Orange County, Riverside, Torrance, Glendale, Long Beach, Pomona, San Bernardino, Ventura, San Jose, Oakland, the San Francisco Bay area, and several nearby cities. If this is the case, your attorney can help you gather evidence and present your side of the story in order to make it clear that you are not guilty ofVC 23109(a). It can be charged when someone: With regards to speed racing, this crime can be charged if: Watson murder takes its name from a 1981 California Supreme Court case. 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. A citing officer needs to be able to prove that the charged individual was indeed at the race to specifically watch the race and take place in the festivities. Visit our California DUI page to learn more. Groups of spectators can reach into the hundreds, often blocking even more traffic lanes. Juvenile defendants charged under VC 23109(a) will be charged in Californias juvenile court system. You have one or more prior convictions for a speed contest that occurred within five (5) years of the violation you are currently charged with; or. a fine of between five hundred dollars ($500) and one thousand dollars ($1,000). To do something willfully means to do it willingly or on purpose. According to the post's caption, the takeover took place in City of Industry, California and resulted in all 78 vehicles being towed for spectating. I will definitely recommend you to my friends if they ever need legal help. A conviction results in jail time for not more than 90 days, a fine of not more than $500 or both jail time and the fine. App. Learn aboutspeed contests (CRS 42-4-1105). Neither the riders or horses were wearing reflective gear or lights. Here's the relevant text in full: "It shall be unlawful for any person to (1) Be knowingly present as a Spectator at a Street Race conducted on a public street or highway; or (2) Be knowingly present as a Spectator at a Reckless Driving Exhibition conducted on a public street or highway or in an Offstreet Parking Facility.". You are a spectator if you watch or are present at an illegal speed contest or at a location (public street or highway, or private property) where preparations are being made for such activities, for the purpose of viewing, observing, watching, or witnessing the event as it develops. Free Consultation - Call (310) 782-2500 - Greg Hill & Associates aggressively represents the accused against charges in Speed Contest Ticket & Pre-Trial Hearing cases. Example: Don has been bragging to his friends about the acceleration on his new car. The legal definition of a speed contest under Vehicle Code 23109(a) consists of the following elements of the crime: Lets break down these elements in order to better understand their meaning: A motor vehicle includes any of the following: Example: Marcus and Jayden, two 14-year-old boys, engage in a bicycle race on a busy arterial with a bicycle lane. A fine between $355 and $1,000. This was better than having the case reduced to an infraction. Adolfo has no interest in street racing and is uncomfortable with the safety risks it poses. The term speed contest (also called street racing, drag racing, or an exhibition of speed) refers to a race by two or more motor vehicles on a public street, highway or freeway. 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. (2) (A) A motor vehicle speed contest, as described in subdivision (a) of Section 23109. . What is the best way to compare cost of living between cities? It is worth the investment of time and money to fight these charges with the help of an experienced criminal defense attorney. Analytics cookies help website owners to understand how visitors interact with websites by collecting and reporting information anonymously. In fact, people charged with first offense racing face up to six months in jail and a fine of about $2,000, and a one year license suspension. This website contains material protected under international and Federal Copyright Laws and Treaties. Whatever the reason may be, the spectator may not have been there to watch the race and just got caught in the designated area when the police arrived. ((a) A person convicted of engaging in a motor vehicle speed contest in violation of subdivision (a) of Section 23109 that proximately causes one or more of the injuries specified in subdivision (b) to a person other than the driver, shall be punished by imprisonment pursuant to subdivision (h) of Section 1170 of the Penal Code, or by imprisonment in a county jail for not less than 30 days nor more than six months, or by a fine of not less than five hundred dollars ($500) nor more than one thousand dollars ($1,000), or by both that fine and imprisonment. Our client had learned about a few other motorcycles gathering at the popular location on Intermodal, to watch some stunts (donuts, wheelies and burn-outs) as a sideshow to the main street race that sometimes actually never takes place. Its a misdemeanor carrying 5 to 90 days in jail or a fine of $145 to $1,000. 13.46.010) Dismissed Our client, age 33 and from Baldwin Park, was ticketed at about 4:45 p.m. on a Sunday afternoon at the end of Intermodal Way, a cul-de-sac just off Sepulveda Boulevard in Carson. but ended up with 78 cars being towed for spectating! All Rights Reserved. What happens if you get caught street racing in California? Set location to show nearby results. 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. AB 3 by Assemblyman Vince Fong, R-Bakersfield. Email the author: kyle@thedrive.com. With warmest regards. Rosalio Ahumada writes breaking news stories related to crime and public safety for The Sacramento Bee. (4) A protracted loss or impairment of function of a bodily member or organ. In case its not your first related conviction you may be charged with additional penalties. Unclassified cookies are cookies that we are in the process of classifying, together with the providers of individual cookies. A prosecutor must prove the following to convict a defendant under this statute: A speed contest is defined as a race of a vehicle against another car. Call our law firm to for a free consultation. Copyright 2023 Shouse Law Group, A.P.C. (8) Paralysis. Call our attorneys today to answer your questions regarding your citation. This is typically the scene where multiple spectators will come out and watch the race. You can imagine what the impact of a stunt driving conviction will be on your car insurance premium. 1. The vehicle does not exceed the speed limit during the event. So Don invites several of his friends to his street and hands one of his friends a stopwatch. Depending on the circumstances, a defendant might be charged with both speed contests and reckless driving. So, when he received this latest misdemeanor ticket for 13.46.010, he knew enough that he needed to have the case dismissed or at least reduced to an infraction because his job as an employee of a local school district may end. Greg also requested that the client provide him with a current resume and pay stub to take to court to show the client was employed. California law makes it illegal to engage in street racing, drag racing or speed contests on public roads, streets and highways. This took place on a "highway.". a potential fine of up to ten thousand dollars ($10,000). ABC7 News reports the San Jose City Council voted unanimously to approve the legislation, which is written in broad strokes to give authorities a lot of latitude in going after spectators. In case there is insufficient evidence that you engaged in a speed contest you may be able to have (some) charges against you dropped. Gathering at a sideshow or street race is a misdemeanor and can carry up to a $1,000 fine. 13.46.010) Dismissed :: Los Angeles County Criminal Defense Lawyers Greg Hill & Associates. Violations of the crimes can result in fines and/or jail time. This means people can engage in a car race if it is on property that is privately owned and not open to the public. Can you integrate if function is not continuous? Police officer mistakes, faulty breathalyzers and crime lab errors may get your charges reduced or dismissed. (B) If the person alleged to have been engaged in the motor vehicle speed contest, as described in subdivision (a), was not authorized by the registered owner of the motor vehicle to operate the motor vehicle at the time of the commission of the offense. ((e)(1) A person convicted of a violation of subdivision (a) shall be punished by imprisonment in a county jail for not less than 24 hours nor more than 90 days or by a fine of not less than three hundred fifty-five dollars ($355) nor more than one thousand dollars ($1,000), or by both that fine and imprisonment.
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