Your professionalism and thoroughness is greatly admired. 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. on a highway (any public road), and do it willfully. The friend, who is ridingin the passenger seat of the car, uses his cell phone timer to test this claim. Criminal Defense Vehicle Code 23109 VC - Speed Contest. Street racing and sideshows attract spectators as well as participants. . Street racing is illegal in California, usually punishable by up to 90 days in county jail and a fine of up to $1,000. Free Consultation - Call (310) 782-2500 - Greg Hill & Associates aggressively represents the accused against charges in Speed Contest Ticket & Pre-Trial Hearing cases. I will definitely recommend you to my friends if they ever need legal help. Please complete the form below and we will contact you momentarily. 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. Here are some of the new laws that affect drivers and pedestrians. For a first penalty you may receive any or multiple penalties below: When arrested for a speed contest the officer can also impound your vehicle for up to 30 days. 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. 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. 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. 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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. (D) Exhibition of speed on a highway, as described in subdivision (c) of Section 23109. (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). Street Racing As Assault with a Deadly Weapon (PC 245)? We'll assume you're ok with this, but you can opt-out if you wish. (2) A concussion. 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)). According to Florida law, Statute 316.191 (3) a states that a person may not be a spectator at any drag race, and that a person who violates this statute commits a moving violation pursuant to Florida Statute 318. 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. 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. ((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). 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. 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. Submitting a contact form, sending a text message, making a phone call, or leaving a voicemail does not create an attorney-client relationship. 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. 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. Other related charges may include reckless driving, evading a police officer, or even destruction of property, each potentially carrying further penalties. . 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. Street takeovers are unfortunately nothing new for residents of Southern California. In most cases, street racing in California is a misdemeanor. Here are some examples of people who could end up charged as a speed contest: Engaging in a speed contest is amisdemeanor in California. However, penalties can vary, depending on the criminal histories of the people involved, other charges and the . A highway for purposes of the California Vehicle Code means any area that is publicly maintained and open to the public for purposes of vehicular travel. Other accounts glorify the stunts by gathering and posting videos from users that attended. Deputies were called to the scene about noon Friday. "We need to increase the penalties for illegal street racing activities to send a message that this activity will not be tolerated.". A July 2019 sideshow in North Highlands split off to at least two other spots. The court shall order the persons privilege to operate a motor vehicle to be suspended for a period of six months, as provided in paragraph (9) of subdivision (a) of Section 13352 or restricted pursuant to subdivision (f).), Same. 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. sixteen (16) months, two (2) years or three (3) years and. 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. 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. 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. 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. In Colorado? In case there is insufficient evidence that you engaged in a speed contest you may be able to have (some) charges against you dropped. In October 2019, she says, a vehicle struck the two horse riders, killing the two animals, and leaving the riders in critical condition. Gov. 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. They are frequently traveling side-by-side, leading one of them to veer out of the bike lane into the regular traffic lanes. What happens if you get caught street racing in California? 23109(c), Exhibition of Speed? Speed contest is defined as a race of a vehicle against another vehicle or a clock. If you are found guilty of one of these offences, you will be assessed a fine.General public. This information on this website is not intended to create, and receipt or viewing of this information does not constitute, an attorney-client relationship. Your intensity and interest helped a lot.". He was efficient, thorough, knowledgeable, courteous, responsive & brilliant. [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.]). passenger vehicles (such as a car or pickup truck). 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. We will update this article as more information becomes available. Vehicle Code 23109 VC Speed contests, subsection (b), endnote 1, above. SATURDAY FEBRUARY 5TH. a $1,000 Facebook; . Any unauthorized reproduction or use of this material is prohibited. Learn aboutdrag racing and unauthorized speed contests (NRS 484B.653). Watson murder is a form of California Penal Code 187, second-degree murder. A Los Angeles Times investigation found 179 people had died in speed contests in Los Angeles County from . imprisonment in county jail for up to six months, a strike on the defendants record under. Copyright 2023 Shouse Law Group, A.P.C. Driving with a disregard for safety of others or their property is considered reckless driving. Vehicle Code 23109 VC Speed contests, subsection (e)(1), endnote 3, above. 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. Spectators of sideshow events there could face misdemeanor charges and up to a $1,000 fine for watching sideshow events. 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. voted unanimously to approve the legislation. The client was apparently one of about twenty other folks just watching certain motorcyclists doing donuts. More California laws on mental health, traffic and wages taking effect on Jan. 1. This website will explain all car-related laws, rules and regulations in one place for quick and easy reference. It is not required that he or she intend to break the law, hurt someone else, or gain any advantage.). 4th 206, 11 Cal. They were all motorcycle enthusiasts who had spent considerable time in customizing their motorcycles and keeping the motorcycle spotlessly clean. It is worth the investment of time and money to fight these charges with the help of an experienced criminal defense attorney. Free of charge, find out what your best defense is by calling The Law Place at 1-800-FIGHT-IT (1-800-344-4848). 57 talking about this. Street racing is illegal in California, usually punishable by up to 90 days in county jail and a fine of up to $1,000. AB 3 by Assemblyman Vince Fong, R-Bakersfield. 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. The ticket, which he signed to avoid being arrested and taken into the Compton Sheriffs station by the CHP was for violating Los Angeles Municipal Code 13.46.010, which the City of Carson is active in issuing because of a few recent accidents involving street racing. For similar laws in Nevada, see our article on: Drag Racing and Unauthorized Speed Contests in Nevada Law.. 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. "If we can prevent even one injury because of this new law, then our efforts will have been worth it," Rivas said. Marketing cookies are used to track visitors across websites. Same. This escalates to a situation where both drivers are driving above the speed limit and. Whats the maximum sentence for street racing? 41403 Spectators at Illegal Speed Contests or Exhibitions of Speed - Violation. Spectator at a Street Race (L.A.M.C. 1 23, For a first-time conviction for a speed contest in California, the penalties may include, And the potential penalties will increase if this is not your first conviction for a speed contest, and/or if anyone is injured as a result of the speed contest.5, In fact, this offense becomes a wobblera crime that may be charged as a misdemeanorora felonyif someone suffersseriousbodily injury as a result of the contest.6. New California laws will take effect in 2022. Any individual who is knowingly present as a spectator, either on a public street or highway or on private property open to the general public without the consent of the owner, operator, or agent thereof, at an illegal motor vehicle speed contest or illegal exhibition of speed is guilty of a misdemeanor subject to a . As stated above, street racing can be charged under VC 23109. Not only is street racing or stunt driving incredibly dangerous and reckless, if youre convicted of the offence, you will lose your licence, face an expensive fine, and you may go to jail. Please note: Our firm only handles criminal and DUI cases, and only in California. But the penalties increase to: Reckless driving is a wobbler offense if someone other than the driver is seriously injured. Arrested? Were sending a message that this dangerous activity is no longer acceptable.. Gov. Illegal street racing has been a problem that has evolved over time, though it can be said to have begun since the 1930s. Exhibition of speed is defined as accelerating or driving a vehicle at a dangerous speed in order to make an impression on other people. Example: Charlotte is an avid motorcyclist whose husband owns a car dealership. Major off-road desert racing returns to Southern California after more than two decades. Definitely recommend! (b) A person shall not aid or abet in any motor vehicle speed contest on any highway. Audio from the Instagram post below is NSFW. In September 2020, a man was hit by a car during a large sideshow near the Promenade in the Natomas neighborhood of Sacramento and was seriously injured, police said. Our California criminal defense attorneys will address the following in this article: The offense is often charged under Vehicle Code 23109 VC. Being a spectator to street racing carries fairly hefty consequences and in Florida is considered a moving violation. Very helpful with any questions and concerns and I can't thank them enough for the experience I had. 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. 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.". (6) A serious disfigurement. How much is a spectator ticket in California? With the help of an experienced criminal defense attorney, you may be able to use one or more of the followinglegal defensesto avoid a conviction for this offense: In order to help you better understand the law, our California criminal defense attorneyswill address the following: If, after reading this article, you would like more information, we invite you to contact us at Shouse Law Group. We do not handle any of the following cases: And we do not handle any cases outside of California. The case is called People v. Watson.8. Spectators often serve as human shields during the shows, the Bay Area's FOX 2 reported. Analytics cookies help website owners to understand how visitors interact with websites by collecting and reporting information anonymously. It can also refer to racing against a timing device such as a clock or a stopwatch. So he agrees to help with a street race by timing the cars speeds and looking out for unrelated cars. They were so pleasant and knowledgeable when I contacted them. Shouse Law Group has wonderful customer service. The information on this Law Firm website is for general information purposes only. The suspension or restriction of your drivers license for anywhere from ninety (90) days to six (6) months. 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. So just how far will San Jose go in its enforcement? Vehicle Code 23103 VC Reckless driving, endnote 30 above. Can you get in trouble for spectating street racing? 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. (3) A bone fracture. California car laws, rules and regulations. 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. Vehicle Code 23103.5 VC Reckless driving as a plea bargain. This form is encrypted and protected by attorney-client confidentiality. Southern California Timing Association (SCTA) is a competition sanctioning body that maintains. (b) This section applies to all of the following injuries: (1) A loss of consciousness. Is street racing illegal in California? This took place on a "highway.". See also Vehicle Code 23109.1 VC Speed contests causing injury. Top 100 Trial Attorneys in the United States. However, penalties can vary, depending on the criminal histories of the people involved, other charges and the facts of the case (well get into that below). There are several related California offenses that are commonly charged along with, or instead of, speed contests. 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. In order to do it willfully, it means you intended to break the law or gain some sort of advantage. Very helpful with any questions and concerns and I can't thank them enough for the experience I had. 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. As written, simply stopping and staring at the spectacle could potentially count as an arrestable offense. A conviction is generally a misdemeanor that may carry jail time, probation and fines. 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. What is an "exhibition of speed?" a fine of between five hundred dollars ($500) and one thousand dollars ($1,000). Unlike "normal" street racing, where people are competing to see whose car is fastest, takeovers focus. State Assembly members Laura Friedman, Jesse Gabriel and Adrin Nazarian, along with state Sen. Susan Rubio, coauthored the bill. California cities crack down on dangerous gatherings, Spectator in Natomas sideshow run over by spinning car. attempt to go faster than the other vehicles. Races can draw in crowds to street corners converted to speedways. Real-time updates and all local stories you want right in the palm of your hand. A wobbler is charged as either a misdemeanor or a felony. The law will allow the court to consider a convicted offenders hardships when deciding whether to suspend or restrict a drivers license. 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.It can also refer to racing against a timing device such as a clock or a stopwatch.. California Vehicle Code 23109(a) VC makes it a crime willfully to participate in a speed contest. 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. Every crime in California is defined by a specific code section. ", "Dear Greg, Thank you again for all your help. Preference cookies enable a website to remember information that changes the way the website behaves or looks, like your preferred language or the region that you are in. 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. All Rights Reserved. Neither the riders or horses were wearing reflective gear or lights. See also Penal Code 1170(h) Determinate sentencing. 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. They may have been oblivious to the knowledge that a street race was taking place in the spot in which they were hanging out. It also includes a race against a clock or other timing device.2. (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. This statute says that a person drives recklessly if: Under California law, a person acts with a wanton disregard for safety when: Note that one California court has specifically ruled that speeding may constitute recklessness based on the circumstances.6. 8:00 AM The 4WP Every Man Challenge START. All rights reserved. Groups of spectators can reach into the hundreds, often blocking even more traffic lanes. 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. In case its not your first related conviction you may be charged with additional penalties. Depending on the circumstances, a defendant might be charged with both speed contests and reckless driving. This was better than having the case reduced to an infraction. 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. Rptr. 13.46.010) Dismissed, "Thank you so much for putting so much effort in this case. 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. A fine between $355 and $1,000. He welcomed my input and my concerns. That's a fair observation, and the city's recent string of injuries and fatal accidents tied to street racing is a just cause. But because they are on bicycles rather than in motor vehicles, they are not guilty of VC 23109. Los Angeles DUI defense attorneyJohn Murrayis an expert specialist in crimes involving the California Vehicle Code, including VC 23109. He has extensive experience both in the. Even a misdemeanor for evading a law enforcement officer carries a penalty of up to 1 year in county jail, which is much more harsh than getting caught in a speed contest. California law defines a street race as a "speed contest" (Vehicle Code 23109 (a)). It all hinges on the word "knowingly," which is left to the discretion of the arresting officer. 1. "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. Code, 23109(c), (e)(2), (f)(1)(3)). Juvenile defendants charged under VC 23109(a) will be charged in Californias juvenile court system. Or maybe you feared for your safety for whatever reason and engaged in fast driving that looked like a speed contest because of that. 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. LOS ANGELES (KABC) -- With the new year comes a new set of laws for California drivers to follow. He described himself as having a newborn son with his girlfriend, who he planned to marry. 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. 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. Getting your charges dropped to a speeding violation may severely reduce the penalties. Sideshow crackdown: Under current California law, drivers who participate in illegal street races face penalties that include losing their licenses. Rptr. ((a) A person shall not engage in a motor vehicle speed contest on a highway. This counts as a speed contest even though there is no other car involvedbecause Don is racing against the stopwatch. Charlotte and her friends cannot be charged under Californias speed contest law because her husbands lot does not count as a highway.. How are Officials Cracking Down on Street Racing? Police officer mistakes, faulty breathalyzers and crime lab errors may get your charges reduced or dismissed. ", "Greg Hill did an outstanding job on every level. As a result, they had new equipment that was purchased but sitting around unused as they went through the state bureaucratic process. (This happens especially frequently withelderly drivers.). Engaging in a speed contest in California is considered a misdemeanor. AB 3 by Assemblyman Vince Fong, R-Bakersfield would put stronger penalties on those who participate in sideshows. The court may order the privilege to operate a motor vehicle suspended for 90 days to six months, as provided in paragraph (8) of subdivision (a) of Section 13352. Even misdemeanor evading an officer carries harsher penalties (up to one (1) year in county jail) than a speed contest.35For that reason, it is sometimes smart to try to bargain an evading an officer charge down to VC 23109(a)speed contests. Gathering at a sideshow or street race is a misdemeanor and can carry up to a $1,000 fine. Code, 23109(c), (e)(2), (f)(1)(3)). What is the maximum fine for a driver caught and convicted for street racing? DUI arrests don't always lead to convictions in court. 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. This website can help you find the appropriate county traffic court to pay or challenge your ticket. 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. How do defense attorneys fight these charges? Set location to show nearby results. Fong said dangerous street racing and sideshows have taken too many lives. Our attorneys explain the law, penalties and best defense strategies for every major crime in California. The facts of a case may lead a prosecutor to charge street racing as reckless driving, per VC 23103. Even if you are caught just watching an illegal street race, you are subject to stiff penalties for aiding and abetting street racing. (3) If the perpetration of the most recent offense within the five-year period described in paragraph (1) proximately causes serious bodily injury, as defined in paragraph (4) of subdivision (f) of Section 243 of the Penal Code, to a person other than the driver, a person convicted of that second violation shall be imprisoned in the state prison, or in a county jail for not less than 30 days nor more than one year, and by a fine of not less than five hundred dollars ($500) nor more than one thousand dollars ($1,000).