California law makes it illegal to engage in street racing, drag racing or speed contests on public roads, streets and highways. He had found out about the gathering on Facebook. Groups of spectators can reach into the hundreds, often blocking even more traffic lanes. Greg gladly accepted such a pre-plea offer, also known as pure diversion or delayed entry of plea, asking for three months for our client to complete the online driving school course and perform the 20 hours of community service. The damage caused was estimated at $18,000. Marketing cookies are used to track visitors across websites. Authorities in California reportedly impounded 78 cars that were spectating a street takeover in the Los Angeles region over the weekend. General Information: 800-807-6755. The facts of a case may lead a prosecutor to charge street racing as reckless driving, per VC 23103. 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. 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. So just how far will San Jose go in its enforcement? 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. What is the maximum fine for a driver caught and convicted for street racing? This form is encrypted and protected by attorney-client confidentiality. Essentially, police can arrest anyone standing within 200 feet of a street race or "reckless driving exhibition"think burnout, donut, and drifting shenaniganstaking place on either a public road or an off-street parking lot. Facebook; . A conviction for California Vehicle Code 23109(a) speed contests can put a black mark on the record of someone who has no other criminal history. It may carry the following potential penalties: A restriction of your drivers license would mean that you are permitted to drive only for the purposes of getting to/from and performing your job.15. 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. Our attorneys explain the law, penalties and best defense strategies for every major crime in California. VC 23109(c)exhibition of speedcan be charged on its own, as either a misdemeanor or aninfraction.28But it is also a very commonCalifornia DUI plea bargain. Charlotte and her friends cannot be charged under Californias speed contest law because her husbands lot does not count as a highway.. CALCRIM 2201 Speed Contest (Veh. Analytics cookies help website owners to understand how visitors interact with websites by collecting and reporting information anonymously. Equestrian Safety Gear: Assembly Bill 974 by Assemblymember Luz Rivas, D-Arleta requires minors to wear a helmet when riding a horse, mule or donkey on a paved highway. As used in this section, a motor vehicle speed contest includes a motor vehicle race against another vehicle, a clock, or other timing device. In case there is insufficient evidence that you engaged in a speed contest you may be able to have (some) charges against you dropped. CaliforniaVehicle Code 23109(a) VC makes it a crime willfully to participate in a speed contest. 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. 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. According to Police Chief Anthony Mata, the city will use social . Learn aboutspeed contests (CRS 42-4-1105). A street race is defined as two or more vehicles driving side by side at accelerating speeds in a competitive. . 2. We'll assume you're ok with this, but you can opt-out if you wish. They were all motorcycle enthusiasts who had spent considerable time in customizing their motorcycles and keeping the motorcycle spotlessly clean. Visit our California DUI page to learn more. The case is called People v. Watson.8. Some people do not like loud noise and are concerned at what takes place in their living communities. It is possible for a person to have been completely oblivious about the street race and simply ended up at the race when the police showed up. (c) This section does not preclude or prohibit prosecution under any other provision of law.), CALCRIM 2201 Speed Contest (Veh. Vehicle Code 23109 VC Speed contests, subsections (e) and (f), endnote 5, above. Seal Court Records and / or Arrest Records. This sort of creative defense is normally only used with senior citizens, but we suggest contacting an attorney to see if any other legal defense can be applicable to your case. 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. This counts as a speed contest even though there is no other car involvedbecause Don is racing against the stopwatch. 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. 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. 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. Here are five you should know about. In case you cause an injury you may be looking at several years of jail time, therefore street racing in California is definitely not recommended. SATURDAY FEBRUARY 5TH. We really appreciate it and we are happy that all turned out well. It's a bold new tactic for policeand one that warrants a closer look. 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. 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)). 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. LAPD investigators say at least . If this occurs, then the vehicle will be released before the end of the impoundment period only if one of the following is true: Example: Bruce and Lila are teenage siblings. -- Vehicle Code 23109 VC. Intentionally fleeing from law enforcement is a misdemeanor, but it can escalate to a felony if theres reckless driving involved while doing so. They have expressed disbelief. 4th 1276, 188 Cal. They may have been oblivious to the knowledge that a street race was taking place in the spot in which they were hanging out. ((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. Shouse Law Group has helped many citizens get charges reduced or dismissed, and keep their records clean. This website is a participant in the Amazon Services LLC Associates Program and may earn commissions from qualifying purchases. 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. California law makes itillegalto engage instreet racing,drag racing or speed contests on public roads, streets and highways. Vehicle Code 2800.2 VC Flight from pursuing peace officer. passenger vehicles (such as a car or pickup truck). He speaks Spanish fluently and has worked as a news reporter in the Central Valley since 2004. Vehicle Code 23109 VC Speed contests, subsection (e)(1), endnote 3, above. This new law was passed in an effort to curb the amount of street racing in Fort Worth, as spectators are a large draw for street racers and stunting. 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. Cookies are small text files that can be used by websites to make a user's experience more efficient. AB 3 by Assemblyman Vince Fong, R-Bakersfield. Rivas says the bill was suggested by some of her San Fernando Valley constituents following a serious accident involving two people riding horses in Lake View Terrace. While doing so, you willfully engaged in a speed contest. 811, while doing so, he willfully engaged in a speed contest. (8) Paralysis. At least four (4) days and up to six (6) months in county jail; A fine of between five hundred dollars ($500) and one thousand dollars ($1,000); and, At least thirty (30) days and no more than six (6) months in county jail; and/or. In Colorado? Or maybe you feared for your safety for whatever reason and engaged in fast driving that looked like a speed contest because of that. Vehicle Code 23109 a VC makes it a crime to willfully participate in a speed contest. 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. Read More, In case of sale of your personal information, you may opt out by using the link Do Not Sell My Personal Information. Drag Racing and Unauthorized Speed Contests in Nevada Law, Tischoff v. Wolfchief (1971) 16 Cal.App.3d 703, People v. Schumacher (1961) 194 Cal.App.2d 335, People v. Nowell (1941) 45 Cal.App.2d Supp. 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. These offenses are punished under Vehicle Code 23109 VC (speed contests) and Vehicle Code 23103 VC (reckless driving) . In order to do it willfully, it means you intended to break the law or gain some sort of advantage. How do you get a shear pin out of a snowblower? (b) Knowingly gather, attend or assist in preparations for any such event. Copyright 2021 TheTicketLawyers.com. We do not handle any of the following cases: And we do not handle any cases outside of California. If the speed contest proximately caused bodily injury to another person, then the penalties increase to: And if the speed contest proximately causedseriousbodily injury to another person, the crime becomes what is known as a wobbler. This is an offense that may be charged as either a misdemeanororaCalifornia felony, at the prosecutors discretion.20, If it is charged as a misdemeanor, a speed contest causing serious bodily injury is punished by, Charged as a felony, a speed contest causing serious bodily injury carries a sentence of.