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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. Its worth noting that we have not verified where or when the takeovers in those videos happened. Tuesday's proposal will make it illegal to encourage or help people gather at sideshows and street racing events. However, penalties can vary, depending on the criminal histories of the people involved, other charges and the . Still, the heavy-handedness on display here should concern both car enthusiasts and fans of reasonable policing alike. What is the legal definition of a speed contest? 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. In most cases, a speed contest ticket under Vehicle Code 23109(a) VC will result in a misdemeanor charge. 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. That person shall also be required to perform 40 hours of community service. Please note: Our firm only handles criminal and DUI cases, and only in California. (4) The court shall order the privilege to operate a motor vehicle of a person convicted under paragraph (1), (2), or (3) suspended for a period of six months, as provided in paragraph (9) of subdivision (a) of Section 13352. 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. 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. Races can draw in crowds to street corners converted to speedways. Is street racing illegal in California? Its a misdemeanor carrying 5 to 90 days in jail or a fine of $145 to $1,000. Every crime in California is defined by a specific code section. This is typically the scene where multiple spectators will come out and watch the race. 10:00 AM King of the Hammers, powered by Optima Batteries: Tech & Contingency. California Highway Patrol officers wrote on their report that they received a phone call about some folks on motorcycles doing donuts and when they got close to the area, they could hear motorcycle engines revving. Street racing laws in California include all forms of speed racing, drag racing or drifting, and any exhibitions of speed which threatens the public safety. He also had a prior conviction for possession of a controlled substance while armed (Health and Safety Code 11370.1) and four juvenile adjudications for battery (Penal Code 242), assault with a stun gun (Penal Code 244.5(B) and two cases of obstructing / delaying / or resisting arrest (Penal Code 148(a)(1)). from the first conversation to the last - I always felt 'it mattered' to him. attempt to go faster than the other vehicles. ([A motor vehicle includes a (passenger vehicle/motorcycle/bus/ school bus/commercial vehicle/truck tractor/ ). 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. In the worst cases,police misconductand/or racial profiling might be occurring. But because they are on bicycles rather than in motor vehicles, they are not guilty of VC 23109. Vehicle Code 23109 VC Speed contests, subsection (e)(1), endnote 3, above. Code, 23109(c), (e)(2), (f)(1)(3)). 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. What it also does is potentially hold people accountable for the decisions of complete strangers. This website uses cookies to improve your experience. Vehicle Code 2800.1 VC Flight from pursuing peace officer. . Charlotte and several biker friends use her husbands empty lot to race their motorcycles on a short course. All Rights Reserved. "We need to increase the penalties for illegal street racing activities to send a message that this activity will not be tolerated.". 8:00 AM The 4WP Every Man Challenge START. Being a spectator to street racing carries fairly hefty consequences and in Florida is considered a moving violation. 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. The most common legal defenses to Vehicle Code 23109(a) VC charges include: You cannot be convicted of a speed contest unless the prosecutor can prove that you acted willfully.26, Maybe you have a physical or medical condition that led you to drive at a high speed without realizing you were doing so. Takeover participants feel empowered to perform dangerous stunts and allegedly claim that catching injuries or crashes on a video actually boosts their popularity. The line between speed contests and garden-variety speeding can be blurry. Traffic ticket? But his friends assure him (wrongly) that it is legal if it is done late at night. For additional guidance or to discuss your case with a criminal defense attorney, we invite you to contact us at Shouse Law Group. 2.2. ", "Thanks again for your hard work. 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. Spectators will often take video of these events and post them on social media. Gathering at a sideshow or street race is a misdemeanor and can carry up to a $1,000 fine. Groups of spectators can reach into the hundreds, often blocking even more traffic lanes. Serious bodily injury is a slightly lesser standard than the standard of great bodily injury/harm that plays a role in other California criminal law. Spectators often serve as human shields during the shows, the Bay Area's FOX 2 reported. Reducing Bail & Knowing When Someone Will Be Released, Seal Arrest & Petition for Factual Innocence (PFI). Spectator to Street Racing Schedule a Free Consultation 866-985-7740 Spectator to Street Racing Ticket in Florida Street racing is illegal, but in the state of Florida it is also illegal to stand on the sidelines and watch a street race. Intentionally fleeing from law enforcement is a misdemeanor, but it can escalate to a felony if theres reckless driving involved while doing so. Gavin Newsom on Thursday signed a law aimed at cracking down on illegal street racing and so-called sideshows by adding a drivers license suspension for up to six months to the punishment for convicted offenders. . With warmest regards. Sizable crowds will gather to watch races or side shows, where participants exhibit automotive stunts, such as driving in tight circles known as donuts. Authorities across the country are constantly testing new ways to stop the violent delights and violent ends of street racing. (E) If, prior to the conclusion of the impoundment period, a citation or notice is dismissed under Section 40500, criminal charges are not filed by the district attorney because of a lack of evidence, or the charges are otherwise dismissed by the court.), CALCRIM 2201 Speed Contest (Veh. What are the consequences of street car racing? This took place on a "highway.". 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). 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. Copyright 2004 - 2023 The Law Place. Penalties Engaging in a speed contest in California is considered a misdemeanor. San Jose already passed a law in 2019 that bans audiences at sideshows. More California laws on mental health, traffic and wages taking effect on Jan. 1. Street racing has certainly been made popular in recent years, but its highly illegal and can carry severe penalties if you get caught. (7) Brain injury. Greg listened to the client explain what had happened and recommended that the client enroll in and complete an online traffic school course of at least four hours ASAP so Greg could take the certificate of completion with him to court in hopes of avoiding a conviction for a misdemeanor. License points for distracted driving: AB47, which took effect July 1, 2021, puts points on a driver's record for violating the hands-free driving law for a second time within 36 months. (D) Exhibition of speed on a highway, as described in subdivision (c) of Section 23109. It is worth the investment of time and money to fight these charges with the help of an experienced criminal defense attorney. 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. Street racing is inherently dangerous with or without the added risk of the coronavirus. How much is a ticket for spectating a sideshow? Analytics cookies help website owners to understand how visitors interact with websites by collecting and reporting information anonymously. Common consequences for a person watching a street race are, 3 points on an individuals license which could lead to license suspensionand a fine that can amount to $500. So Don invites several of his friends to his street and hands one of his friends a stopwatch. 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. But it does NOT include an event where participants measure the amount of time it takes for a vehicle to cover a given route, IF: A violation of this crime can result in jail time and/or a fine. Spectator at a Street Race (L.A.M.C. California Courts (Courts) Traffic tickets are handled at the county office in which the ticket was issued. (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. 41403 Spectators at Illegal Speed Contests or Exhibitions of Speed - Violation. California street racing is defined as a speed contest and is illegal and punishable by law. This vehicle code essentially outlaws "street racing" and "drag racing." Reckless driving does not result in a license suspension, but it does carry up to a 30 day sentence and $200.00 fine. 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. All rights reserved. Top 100 Trial Attorneys in the United States. Cookies are small text files that can be used by websites to make a user's experience more efficient. The intention is to display ads that are relevant and engaging for the individual user and thereby more valuable for publishers and third party advertisers. We do not handle any of the following cases: And we do not handle any cases outside of California. This is what California Law States What happens if I just watch? See also Vehicle Code 23109.1 VC Speed contests causing injury. Several of his new friends are into street racingracing cars on public streets late at night. The meetups, which usually involve several cars shutting down a public road to perform stunts, have grown in popularity and have become a big safety risk in recent years. Visit our California DUI page to learn more. This form is encrypted and protected by attorney-client confidentiality. Call our attorneys today to answer your questions regarding your citation. Street racing is illegal in California, usually punishable by up to 90 days in county jail and a fine of up to $1,000. Can you get in trouble for spectating street racing? 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. 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. AB 3 by Assemblyman Vince Fong, R-Bakersfield. Many will place illegal racing as originating in the United States as the result of Prohibition, when automobiles were used to transport illegal alcohol to speakeasies and similar establishments. Aggressive Traffic Representation throughout Florida, Florida Drivers With a New York Traffic Ticket, Why Traffic School Is An Option You Should Always Take, Driving With an Expired License in Sarasota, Move Over Or Else: A Look At Floridas Move Over Law, SELECTING THE BEST FLORIDA TRAFFIC TICKET ATTORNEY. 4th 206, 11 Cal. Audio from the Instagram post below is NSFW. Southern California Timing Association (SCTA) is a competition sanctioning body that maintains. A drag race is defined as two or more vehicles from a point side by side at accelerating speeds in a competitive attempt to outdistance each other, or the operation of one or more motor vehicles over a common selected course, from the same point to the same point, for the purpose of comparing the relative speeds or power of acceleration of such motor vehicle or motor vehicles within a certain distance or time limit. (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). A teenage boy who has just been given his first car as a birthday present makes a bet with his friend that he can travel a 10-mile stretch of highway insix minutes or less. It is not required that he or she intend to break the law, hurt someone else, or gain any advantage.). Several social media accounts appear to exist for the sole purpose of coordinating meetups to block off streets, which officials say makes it even harder to stop the activity. Reckless driving endangering the lives and safety of others. A July 2019 sideshow in North Highlands split off to at least two other spots. When charged as a felony, the crime is punishable by: Watson murder, or second-degree DUI murder, can be punished by: A strike may result in a doubled sentence for any subsequent felony offense committed by the defendant.16. (d) A person shall not, for the purpose of facilitating or aiding or as an incident to any motor vehicle speed contest or exhibition upon a highway, in any manner obstruct or place a barricade or obstruction or assist or participate in placing a barricade or obstruction upon any highway.), Vehicle Code 23109 VC Speed contests. Other related charges may include reckless driving, evading a police officer, or even destruction of property, each potentially carrying further penalties. It's a bold new tactic for policeand one that warrants a closer look. a $1,000 Technology, performance and design delivered to your inbox. A Los Angeles Times investigation found 179 people had died in speed contests in Los Angeles County from . 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. A criminal record can affect job, immigration, licensing and even housing opportunities. California law makes it illegal to engage in street racing, drag racing or speed contests on public roads, streets and highways. In Santa Rosa, police observing a September sideshow were pelted with rocks when they tried to break it up after reports someone had been shot, The Press Democrat reported. Major off-road desert racing returns to Southern California after more than two decades. 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. Because of recent changes in his business, her husband currently has a large part of his vehicle storage lot sitting empty. As per California Vehicle Code, you can be charged with additional violations. a fine of at least three hundred fifty-five dollars ($355) and no more than one thousand dollars ($1,000). I will definitely recommend you to my friends if they ever need legal help. Getting your charges dropped to a speeding violation may severely reduce the penalties. According to Police Chief Anthony Mata, the city will use social . I consent to the use of following cookies: Necessary cookies help make a website usable by enabling basic functions like page navigation and access to secure areas of the website. 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. Copyright 2021 TheTicketLawyers.com. He speaks Spanish fluently and has worked as a news reporter in the Central Valley since 2004. (8) Paralysis. There are several legal defenses you can use. -- Vehicle Code 23109 VC. In lieu of the suspension, the persons privilege to operate a motor vehicle may be restricted for 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. What is an "exhibition of speed?" Spectator at a Street Race (L.A.M.C. Example: Charlotte is an avid motorcyclist whose husband owns a car dealership. When Lila and her fellow racers are arrested for VC 23109(a) speed contestsBruces car is seized and impounded. But those who participate in sideshows -. This website contains material protected under international and Federal Copyright Laws and Treaties. Code, 23109(c), (e)(2), (f)(1)(3)). I talked to other attorneys out there and they had an arms-length of attitude, but not you. The client was apparently one of about twenty other folks just watching certain motorcyclists doing donuts. Enhanced speed contest penalties (prior conviction; bodily injury). If convicted of street racing or aiding and abetting a street. They were so pleasant and knowledgeable when I contacted them. 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. If you have been charged with a violation of this Florida statute 316.191 call our office so we can discuss any possible legal defenses. There can be serious consequences to speed racing, and if you get charged you should consider fighting it in court. But it does not include property that is maintained by private entities and/or not open to the public for vehicle travel. As written, simply stopping and staring at the spectacle could potentially count as an arrestable offense. (Serious bodily injury means a serious impairment of physical condition, including, but not limited to, the following: loss of consciousness; concussion; bone fracture; protracted loss or impairment of function of any bodily member or organ; a wound requiring extensive suturing; and serious disfigurement.), Vehicle Code 23109.2 VC Impoundment of vehicle after speed contest. (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. General Information: 800-807-6755. 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. In this section, we offer solutions for clearing up your prior record. That law is meant to prevent talking or texting while driving, unless using a hands-free device. In most cases, street racing in California is a misdemeanor. The contact form sends information by non-encrypted email, which is not secure. . but ended up with 78 cars being towed for spectating! Free Consultation - Call (310) 782-2500 - Greg Hill & Associates aggressively represents the accused against charges in Speed Contest Ticket & Pre-Trial Hearing cases. Fong said dangerous street racing and sideshows have taken too many lives. 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. He described himself as having a newborn son with his girlfriend, who he planned to marry. Criminal Defense Vehicle Code 23109 VC - Speed Contest. This is a misdemeanor punishable by, Note that officers may write the citation as. a potential fine of up to ten thousand dollars ($10,000). . A first-time conviction is punishable by: If a person commits this crime with a prior conviction, the penalties may include: A violation of VC 23103 is charged as a misdemeanor. April 22, 2020. California Department of Motor Vehicles (DMV), California Vehicle Code, Division 11: Rules of the Road, Chapter 12: Public Offenses, Article 1: Driving Offenses, minimum of 1 day and up to 90 days in county jail. Or maybe you feared for your safety for whatever reason and engaged in fast driving that looked like a speed contest because of that. Call our law firm to for a free consultation. Code, 23109(c), (e)(2), (f)(1)(3)), endnote 9, above. Gov. "If we can prevent even one injury because of this new law, then our efforts will have been worth it," Rivas said. ((h)(1) Except as provided in paragraph (3), a felony punishable pursuant to this subdivision where the term is not specified in the underlying offense [such as felony speed contests causing serious bodily injury] shall be punishable by a term of imprisonment in a county jail for 16 months, or two or three years.)See also Penal Code 672 PC.