Free Consultation - Call (310) 782-2500 - Greg Hill & Associates aggressively represents the accused against charges in Speed Contest Ticket & Pre-Trial Hearing cases. 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. App. imprisonment in county jail for up to six months, a strike on the defendants record under. It can also refer to racing against a timing device such as a clock or a stopwatch. Targeting spectators is a new tactic for authoritiesand the start of a slippery slope. What happens if you get caught street racing in California? 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. 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. Copyright 2021 TheTicketLawyers.com. 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. This website is a participant in the Amazon Services LLC Associates Program and may earn commissions from qualifying purchases. 41403 Spectators at Illegal Speed Contests or Exhibitions of Speed - Violation. 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. Example: Charlotte is an avid motorcyclist whose husband owns a car dealership. As written, simply stopping and staring at the spectacle could potentially count as an arrestable offense. Law enforcement officers across the state, including Pinellas (Satellite Office), Hillsborough, and Miami-Dade have conducted sting operations to prevent such activity. 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. 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. ((e) . But his friends assure him (wrongly) that it is legal if it is done late at night. 3d 623, Foley v. Superior Court (Cal. (4) A protracted loss or impairment of function of a bodily member or organ. 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. Typically, motorists or motorcyclists will "shut down" roads and begin racing each other up the street. Free of charge, find out what your best defense is by calling The Law Place at 1-800-FIGHT-IT (1-800-344-4848). In order to do it willfully, it means you intended to break the law or gain some sort of advantage. Some people do not like loud noise and are concerned at what takes place in their living communities. (b) This section applies to all of the following injuries: (1) A loss of consciousness. Set location to show nearby results. 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. DUI arrests don't always lead to convictions in court. Street racing has certainly been made popular in recent years, but its highly illegal and can carry severe penalties if you get caught. Vehicle Code 2800.2 VC Flight from pursuing peace officer. Code, 23109(c), (e)(2), (f)(1)(3)). Or maybe you feared for your safety for whatever reason and engaged in fast driving that looked like a speed contest because of that. Our attorneys explain the law, penalties and best defense strategies for every major crime in California. Police officer mistakes, faulty breathalyzers and crime lab errors may get your charges reduced or dismissed. Vehicle Code 23109 VC Speed contests, subsection (e)(1), endnote 3, above. This subdivision does not interfere with the courts power to grant probation in a suitable case.), Vehicle Code 23109 VC Speed contests. He called up Greg Hill & Associates and spoke to Greg about the facts of the case. 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. See our California Reckless Driving Laws for more information. 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. a fine of at least three hundred fifty-five dollars ($355) and no more than one thousand dollars ($1,000). 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 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. 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. 6:00 PM The 4WP Every Man Challenge END. 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. Whats the maximum sentence for street racing? Rptr. 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 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. Charlotte and several biker friends uses her husbands empty lot to race their motorcycles on a short course. We will update this article as more information becomes available. Marketing cookies are used to track visitors across websites. In Colorado? If convicted of street racing or aiding and abetting a street. Spectator at a Street Race (L.A.M.C. Our attorneys explain the law, penalties and best defense strategies for every major crime in California. Submitting a contact form, sending a text message, making a phone call, or leaving a voicemail does not create an attorney-client relationship. 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. Adolfo has no interest in street racing and is uncomfortable with the safety risks it poses. Takeover participants feel empowered to perform dangerous stunts and allegedly claim that catching injuries or crashes on a video actually boosts their popularity. Racer Task Force is the account above and is a multi-agency group that works with law enforcement to crack down on street . Seal Court Records and / or Arrest Records. Vehicle Code 23109 VC Speed contests, subsection (b), endnote 1, above. How do you get a shear pin out of a snowblower? California Courts (Courts) Traffic tickets are handled at the county office in which the ticket was issued. 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. (b) A person shall not aid or abet in any motor vehicle speed contest on any highway. Definitely recommend! Read More, In case of sale of your personal information, you may opt out by using the link Do Not Sell My Personal Information. (Upon a conviction for any crime punishable by imprisonment in any jail or prison, in relation to which no fine is herein prescribed [such as felony speed contests causing serious bodily injury], the court may impose a fine on the offender not exceeding one thousand dollars ($1,000) in cases of misdemeanors or ten thousand dollars ($10,000) in cases of felonies, in addition to the imprisonment prescribed.), Penal Code 243(f)(4). Then again, so would convincing a skeptical officer that you didn't know what was about to go down in the moment. Please complete the form below and we will contact you momentarily. Southern California Timing Association (SCTA) is a competition sanctioning body that maintains. 8:00 AM The 4WP Every Man Challenge START. ", "Greg Hill did an outstanding job on every level. 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. So just how far will San Jose go in its enforcement? Reducing Bail & Knowing When Someone Will Be Released, Seal Arrest & Petition for Factual Innocence (PFI). Races can draw in crowds to street corners converted to speedways. (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. In this section, we offer solutions for clearing up your prior record. 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. In case your street racing caused an injury the penalties can increase to 30 days up to 6 months in county jail, and/or a fine between $500 and $1,000. You dont need to intend to: Example: Adolfo is a first-generation college student trying hard to fit in with his new peers. A criminal record can affect job, immigration, licensing and even housing opportunities. In most cases, street racing in California is a misdemeanor. These offenses arepunished under Vehicle Code 23109 VC (speed contests) and Vehicle Code 23103 VC (reckless driving). But Bruce should be able to get his car back if he can convince an official at an impoundment hearing that he had not given Lila permission to take his car that night. New laws that were passed in Sacramento this year include a crackdown on vehicle sideshows, lower speed limits to protect pedestrians and granting new authority to tribal vehicles responding to an emergency. You can imagine what the impact of a stunt driving conviction will be on your car insurance premium. (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. Violations of the crimes can result in fines and/or jail time. ", "Dear Greg, Thank you again for all your help. There are several legal defenses you can use. 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. 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. With warmest regards. Copyright 2004 - 2023 The Law Place. [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.]). The friend, who is ridingin the passenger seat of the car, uses his cell phone timer to test this claim. 23109(c), Exhibition of Speed? See also Penal Code 1170(h) Determinate sentencing. ([A motor vehicle includes a (passenger vehicle/motorcycle/bus/ school bus/commercial vehicle/truck tractor/ ). Being accused or arrested for a crime does not necessarily mean you will be convicted in court. Street racing is illegal in California, usually punishable by up to 90 days in county jail and a fine of up to $1,000. Depending on the circumstances, a defendant might be charged with both speed contests and reckless driving. Code, 23109(c), (e)(2), (f)(1)(3)). Were sending a message that this dangerous activity is no longer acceptable.. As per California Vehicle Code, you can be charged with additional violations. Being a spectator to street racing carries fairly hefty consequences and in Florida is considered a moving violation. 8:00 AM The 2022 King of the Hammers, powered by Optima Batteries START. Other related charges may include reckless driving, evading a police officer, or even destruction of property, each potentially carrying further penalties. To do something willfully means to do it willingly or on purpose. 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.". Learn aboutdrag racing and unauthorized speed contests (NRS 484B.653). Example: Don has been bragging to his friends about the acceleration on his new car. Top 100 Trial Attorneys in the United States. 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. ((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. 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. The line between speed contests and garden-variety speeding can be blurry. (b) Knowingly gather, attend or assist in preparations for any such event. Because of recent changes in his business, her husband currently has a large part of his vehicle storage lot sitting empty. Driving with a disregard for safety of others or their property is considered reckless driving. Unbeknownst to Bruce, Lila sneaks out of the house one night in Bruces car and uses it to participate in a street race. The contact form sends information by non-encrypted email, which is not secure. But those who participate in sideshows - spinning out in the street in front of an impromptu audience - face only minor consequences. 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. This vehicle code essentially outlaws "street racing" and "drag racing." 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. There can be serious consequences to speed racing, and if you get charged you should consider fighting it in court. How do defense attorneys fight these charges? If you are watching a street racing event or are present at a location where preparations for such an event take place, you are considered a spectator, and according to California law you are still liable for a potential citation. Call our attorneys today to answer your questions regarding your citation. (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. Even if you are caught just watching an illegal street race, you are subject to stiff penalties for aiding and abetting street racing. Reckless driving endangering the lives and safety of others. How much is a spectator ticket in California? 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. 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. There is insufficient evidence that your behavior met the definition of a speed contest., You drove a motor vehicle on a highway; and. Analytics cookies help website owners to understand how visitors interact with websites by collecting and reporting information anonymously. voted unanimously to approve the legislation. 13.46.010) Dismissed :: Los Angeles County Criminal Defense Lawyers Greg Hill & Associates. 1. Email the author: kyle@thedrive.com. 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. Juvenile defendants charged under VC 23109(a) will be charged in Californias juvenile court system. 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. 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. Spectator at a Street Race (L.A.M.C. The client was apparently one of about twenty other folks just watching certain motorcyclists doing donuts. Street takeovers are unfortunately nothing new for residents of Southern California. It also requires all riders or their horses to wear reflective gear or lights when riding at sundown or later. Visit our California DUI page to learn more. It is possible that a spectator of street racing was just at the wrong place at the wrong time. 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.