This escalates to a situation where both drivers are driving above the speed limit and. 2022Recurrent Ventures. Very helpful with any questions and concerns and I can't thank them enough for the experience I had. 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. Preparations are loosely defined to cover everything after the very first person shows up at a spotthat includes just milling around a few parked cars waiting for something to happen. 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.". We do not handle any of the following cases: And we do not handle any cases outside of California. Our attorneys explain the law, penalties and best defense strategies for every major crime in California. This website contains material protected under international and Federal Copyright Laws and Treaties. Florida Traffic Ticket Lawyer and DUI Defense Attorney. What happens if you get caught street racing in California? . Juvenile defendants charged under VC 23109(a) will be charged in Californias juvenile court system. Copyright 2004 - 2023 The Law Place. Finally, if you are accused of evading a law enforcement officer in connection with a speed contest, then you may also face charges for, Misdemeanor evading an officer occurs when someone intentionally flees from a clearly marked law enforcement vehicle in their car.33, Felony reckless evading occurs when they drive recklessly while doing so.34. Being accused or arrested for a crime does not necessarily mean you will be convicted in court. Real-time updates and all local stories you want right in the palm of your hand. We want you to know that we are very appreciative of all that you have done [on our son's] behalf. Arrested? 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. 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. Rosalio Ahumada writes breaking news stories related to crime and public safety for The Sacramento Bee. Charlotte and her friends cannot be charged under Californias speed contest law because her husbands lot does not count as a highway.. 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. 13.46.010) Dismissed :: Los Angeles County Criminal Defense Lawyers Greg Hill & Associates. 3d 623, Foley v. Superior Court (Cal. Street racing has certainly been made popular in recent years, but its highly illegal and can carry severe penalties if you get caught. 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. A county jail sentence of at least twenty-four (24) hours and no more than ninety (90) days; A fine of at least three hundred fifty-five dollars ($355) and no more than one thousand dollars ($1,000); Forty (40) hours of community service; and/or. Law enforcement officers across the state, including Pinellas (Satellite Office), Hillsborough, and Miami-Dade have conducted sting operations to prevent such activity. As used in this section, a motor vehicle speed contest includes a motor vehicle race against another vehicle, a clock, or other timing device. (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). Exhibition of speed is considered either a misdemeanor or an infraction, and dont include drivers license suspensions. This form is encrypted and protected by attorney-client confidentiality. Do Not Stand on the Side Lines if You Received a Moving Violation for Watching a Street Race! Your professionalism and thoroughness is greatly admired. There can be serious consequences to speed racing, and if you get charged you should consider fighting it in court. 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. 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. Cookies are small text files that can be used by websites to make a user's experience more efficient. Carson, Compton, El Segundo, Gardena, Harbor City, Hawthorne, Hermosa Beach, Lomita, Long Beach, Manhattan Beach, Palos Verdes Estates, Rancho Dominguez, Rancho Palos Verdes, Redondo Beach, Rolling Hills, Rolling Hills Estates, San Pedro, Santa Monica, Torrance, Wilmington, and surrounding cities in Los Angeles. See also. 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. According to Police Chief Anthony Mata, the city will use social . (2) If the perpetration of the most recent offense within the five-year period described in paragraph (1) proximately causes bodily injury to a person other than the driver, a person convicted of that second violation shall be imprisoned in a county jail for not less than 30 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). The client was very happy with the offer and thankful that he had hired Greg Hill & Associates to represent him in court. But because they are on bicycles rather than in motor vehicles, they are not guilty of VC 23109. . Spectator at a Street Race (L.A.M.C. (b) Knowingly gather, attend or assist in preparations for any such event. Every crime in California is defined by a specific code section. 8:00 AM The 4WP Every Man Challenge START. Visit our California DUI page to learn more. 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. imprisonment in county jail for up to six months, a strike on the defendants record under. Even if you are caught just watching an illegal street race, you are subject to stiff penalties for aiding and abetting street racing. But he made the choice to participate and so did so willfully., Thus, Adolfo can be charged with aiding and abetting a speed contest.11, A speed contest is any race by a motor vehicle against either. In order to do it willfully, it means you intended to break the law or gain some sort of advantage. 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. In the worst cases,police misconductand/or racial profiling might be occurring. . General Information: 800-807-6755. Los Angeles DUI defense attorneyJohn Murrayis an expert specialist in crimes involving the California Vehicle Code, including VC 23109. He had found out about the gathering on Facebook. There are several legal defenses you can use. "I authored this bill in response to what our local law enforcement officials have conveyed as a troubling and problematic trend in our neighborhoods," Fong said. 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. Unclassified cookies are cookies that we are in the process of classifying, together with the providers of individual cookies. 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. 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. Some cookies are placed by third party services that appear on our pages. Vehicle Code 23109(I) VC Penalties for exhibition of speed. This site uses different types of cookies. This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply. 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. 13.46.010) Dismissed, "Thank you so much for putting so much effort in this case. Call our law firm to for a free consultation. The penalties for street racing will depend on whether a prosecutor charges a defendant with: Engaging in a speed contest is a misdemeanor under California law.9. What is the best way to compare cost of living between cities? 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. In Nevada? A street race is defined as two or more vehicles driving side by side at accelerating speeds in a competitive. Driving with a disregard for safety of others or their property is considered reckless driving. 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. ]), CALCRIM 2201 Speed Contest (Veh. He described himself as having a newborn son with his girlfriend, who he planned to marry. 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. For a first penalty you may receive any or multiple penalties below: 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. (3) A bone fracture. "Often times, these individuals are doing these sideshows exactly because people are watching," San Jose Police Department Chief Eddie Garcia said to ABC7. Traffic ticket? Being accused or arrested for a crime does not necessarily mean you will be convicted in court. 41403 Spectators at Illegal Speed Contests or Exhibitions of Speed - Violation. -- Vehicle Code 23109 VC. Technology, performance and design delivered to your inbox. suspension or restriction of your drivers license from 90 days to 6 months. Additionally if you have a medical condition which may cause you to drive faster than intended it may also be used as evidence that you did not engage in willful speed racing. It also requires all riders or their horses to wear reflective gear or lights when riding at sundown or later. voted unanimously to approve the legislation. Speed contest is defined as a race of a vehicle against another vehicle or a clock. 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. This is what California Law States What happens if I just watch? San Diego, CA January 26th 2022 - The Martelli Brothers announced today they are bringing their Mint 400 level of off-road event promotion home to the Golden State of California this fall for a brand new major off-road desert race named The California 300 . How do defense attorneys fight these charges? 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. Every crime in California is defined by a specific code section. This story was originally published October 8, 2021, 11:43 AM. FRIDAY FEBRUARY 4TH. Still, the heavy-handedness on display here should concern both car enthusiasts and fans of reasonable policing alike. 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. Street racing and sideshows attract spectators as well as participants. from the first conversation to the last - I always felt 'it mattered' to him. For similar laws in Nevada, see our article on: Drag Racing and Unauthorized Speed Contests in Nevada Law.. In most cases, a speed contest ticket under Vehicle Code 23109(a) VC will result in a misdemeanor charge. (Someone commits an act willfully when he or she does it willingly or on purpose. 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. Our attorneys explain the law, penalties and best defense strategies for every major crime in California. Please complete the form below and we will contact you momentarily. According toLos Angeles DUI defense attorneyJohn Murray29: It is very common for defendants charged with driving under the influence to negotiate the charges down to exhibition of speed as part of the California DUI plea bargaining process. (D) Exhibition of speed on a highway, as described in subdivision (c) of Section 23109. In some instances the police shut down the roadway from both ends and they ticket every single person in the car, regardless of whether they were a driver or passenger. Launch Service Contact Us. Same. But those who participate in sideshows -. ((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. Vehicle Code 23103 VC Reckless driving, endnote 30 above. The information contained in this website is for general information purposes only. The speed contest was a proximate cause of bodily injury to anyone other than the driver. Its unclear who exactly operates the Street Racer Task Force Instagram account, but police have admitted to monitoring social media in the past to look out for illegal takeovers. 57 talking about this. This website will explain all car-related laws, rules and regulations in one place for quick and easy reference. Exhibition of speed refers to violating California VC 23109, where you can be found guilty of violating the speed contest law by racing another vehicle on a roadway or racing against a timed clock. See also Penal Code 1170(h) Determinate sentencing. Reckless driving does not result in a license suspension, but it does carry up to a 30 day sentence and $200.00 fine. Any unauthorized reproduction or use of this material is prohibited. An Instagram post shared Sunday night shows dozens of alleged participants sitting on a sidewalk under the supervision of a CHP officer, and it also tags various Instagram users allegedly involved in the bust, most of which have set their accounts as private following the incident. Police officer mistakes, faulty breathalyzers and crime lab errors may get your charges reduced or dismissed. He asks the friend to time him to see how long it takes him to get to the end of the block. They were so pleasant and knowledgeable when I contacted them. The offense is punishable by: If reckless driving causes a minor injury to someone, the crime is still a misdemeanor. 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. The case is called People v. Watson.8. 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. These offenses arepunished under Vehicle Code 23109 VC (speed contests) and Vehicle Code 23103 VC (reckless driving). Set location to show nearby results. 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. 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. If convicted of street racing or aiding and abetting a street. Articles may contain affiliate links which enable us to share in the revenue of any purchases made. (C) If the registered owner of the vehicle was neither the driver nor a passenger of the vehicle at the time of the alleged violation pursuant to subdivision (a), or was unaware that the driver was using the vehicle to engage in any of the activities described in subdivision (a). Reckless driving endangering the lives and safety of others. How much is a ticket for spectating a sideshow? Shouse Law Group has helped many citizens get charges reduced or dismissed, and keep their records clean. 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. 3d 505, Two groups of friends who are caravanning to a party in two separate cars start playfully competing to see which car will get there faster. Sideshows are illegal gatherings in which groups of drivers take over intersections, city streets, stretches of busy freeways and/or parking lots to do tricks with their cars, including burnouts and doughnuts, The Sacramento Bee reported. Sizable crowds will gather to watch races or side shows, where participants exhibit automotive stunts, such as driving in tight circles known as donuts. The person charged under VC 23109 was not authorized to operate the vehicle by its owner; The owner of the car was not a driver or passenger in the car when the alleged speed contest occurred, or was unaware that the driver was using the car to engage in these activities; The prosecutor chooses not to file Vehicle Code 23109(a) charges, or those charges are dismissed. For purposes of this section, an event in which the time to cover a prescribed route of more than 20 miles is measured, but where the vehicle does not exceed the speed limits, is not a speed contest. Is street racing illegal in California? [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.]). You can imagine what the impact of a stunt driving conviction will be on your car insurance premium. Facebook; . Please do not include any confidential or sensitive information in a contact form, text message, or voicemail. Exhibition of speed is defined as accelerating or driving a vehicle at a dangerous speed in order to make an impression on other people. Vehicle Code 2800.1 VC Flight from pursuing peace officer, endnote 33, above. App. Protracted loss or impairment of the function of any bodily member or organ; A wound requiring extensive suturing; and, The vehicle was stolen (in which case the defendant in the speed contest case may also face charges for. Vehicle Code 23109 VC Speed contests, subsections (e) and (f), endnote 5, above. Getting your charges dropped to a speeding violation may severely reduce the penalties. They have expressed disbelief. The new law would allow the court to order a drivers license suspension of 90 days to six months and restrict the convicted offender to driving only for the purposes of their employment. Spectators of sideshow events there could face misdemeanor charges and up to a $1,000 fine for watching sideshow events. Street takeovers are unfortunately nothing new for residents of Southern California. Targeting spectators is a new tactic for authoritiesand the start of a slippery slope. There is insufficient evidence that your behavior met the definition of a speed contest. ((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. This took place on a "highway.". What is the maximum fine for a driver caught and convicted for street racing? "If we can prevent even one injury because of this new law, then our efforts will have been worth it," Rivas said. Because of recent changes in his business, her husband currently has a large part of his vehicle storage lot sitting empty. We will update this article as more information becomes available. This law helps make our communities safer by giving law enforcement another tool to curb reckless sideshows, Fong said on his Twitter account Thursday evening. 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. Any unauthorized reproduction or use of this material is prohibited. This website can help you find the appropriate county traffic court to pay or challenge your ticket. 2.2. If you are found guilty of one of these offences, you will be assessed a fine.General public. This ticket was not our clients first brush with the law. Street racing is illegal in California, usually punishable by up to 90 days in county jail and a fine of up to $1,000. A fine between $355 and $1,000. Races can draw in crowds to street corners converted to speedways. But his friends assure him (wrongly) that it is legal if it is done late at night. 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. 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. Very helpful with any questions and concerns and I can't thank them enough for the experience I had. With warmest regards. Proving prior knowledge of someone else's burnout in that kind of situation would be challenging in court. There are several related California offenses that are commonly charged along with, or instead of, speed contests. By John Kapetaneas, Stephanie Lorenzo, and Allie Yang . 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.