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. While doing so, you willfully engaged in a speed contest. These offenses arepunished under Vehicle Code 23109 VC (speed contests) and Vehicle Code 23103 VC (reckless driving). App. So he agrees to help with a street race by timing the cars speeds and looking out for unrelated cars. This website contains material protected under international and Federal Copyright Laws and Treaties. 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. General Information: 800-807-6755. 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. When Lila and her fellow racers are arrested for VC 23109(a) speed contestsBruces car is seized and impounded. We will update this article as more information becomes available. 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. . 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). Anyone who engages, aids or participates in a street race violates CA laws and may get punished under the same laws. 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. Whats the maximum sentence for street racing? Do not hesitate to contact us at Shouse Law Group. New California laws will take effect in 2022. As written, simply stopping and staring at the spectacle could potentially count as an arrestable offense. ]), CALCRIM 2201 Speed Contest (Veh. What it also does is potentially hold people accountable for the decisions of complete strangers. But those who participate in sideshows - spinning out in the street in front of an impromptu audience - face only minor consequences. See also Vehicle Code 23109.1 VC Speed contests causing injury. 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 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. 2022Recurrent Ventures. ((e) . Getting your charges dropped to a speeding violation may severely reduce the penalties. 13.46.010) Dismissed, "Thank you so much for putting so much effort in this case. attempt to go faster than the other vehicles. The law states that we can store cookies on your device if they are strictly necessary for the operation of this site. 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. partaking in a speed contest (per VC 23109), custody in county jail for up to 90 days, and/or. 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 Colorado? The website cannot function properly without these cookies. Tribal Emergency Vehicles: AB 798 by Assemblyman James Ramos helps California tribes cut red tape to operate ambulances on their land. Very helpful with any questions and concerns and I can't thank them enough for the experience I had. What happens if you get caught street racing in California? Even if you are caught just watching an illegal street race, you are subject to stiff penalties for aiding and abetting street racing. Speed contest is defined as a race of a vehicle against another vehicle or a clock. A street race is defined as two or more vehicles driving side by side at accelerating speeds in a competitive. Reducing Bail & Knowing When Someone Will Be Released, Seal Arrest & Petition for Factual Innocence (PFI). If someone decides to spin their tires or even rev their engine (both of which are covered under the "preparations" section) within sight or earshot of a passing cop, they can theoretically arrest everyone present, even those who were just there to hang out. Starting July 1, 2025, a court may suspend a person's driver's license for 90 days to six months if that person is convicted of speeding in connection with a sideshow. 41403 Spectators at Illegal Speed Contests or Exhibitions of Speed - Violation. Seal Court Records and / or Arrest Records. Groups of spectators can reach into the hundreds, often blocking even more traffic lanes. 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. If you are wronglyand unjustlyaccused of engaging in a speed contest, youcansuccessfully argue to the prosecutor or a jury that there is not enough evidence that you are guilty. 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. Los Angeles DUI defense attorneyJohn Murrayis an expert specialist in crimes involving the California Vehicle Code, including VC 23109. . Over 75 Cars Were Impounded By California Police During A Street Race Meet Just For Spectating. Though laws vary, here are some penalties faced by street racers: You can be arrested and have your car impounded for 30 days. 23109(c), Exhibition of Speed? It also includes a race against a clock or other timing device.2. 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. So just how far will San Jose go in its enforcement? 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. Juvenile defendants charged under VC 23109(a) will be charged in Californias juvenile court system. 2.2. 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. 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. Street racing is inherently dangerous with or without the added risk of the coronavirus. The information contained in this website is for general information purposes only. It's a bold new tactic for policeand one that warrants a closer look. . 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. Or maybe you feared for your safety for whatever reason and engaged in fast driving that looked like a speed contest because of that. Street racing is illegal, but in the state of Florida it is also illegal to stand on the sidelines and watch a street race. 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. Welcome to CaliforniaCarLaws! The damage caused was estimated at $18,000. 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). (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. Eight years earlier, he had been convicted of carrying a loaded firearm without a permit, a violation of Penal Code 12031(a)(1) and was sentenced to 180 days in county jail for that violation. Whatever the reason may be, the spectator may not have been there to watch the race and just got caught in the designated area when the police arrived. In this section, we offer solutions for clearing up your prior record. Because of recent changes in his business, her husband currently has a large part of his vehicle storage lot sitting empty. It is worth the investment of time and money to fight these charges with the help of an experienced criminal defense attorney. 8:00 AM The 4WP Every Man Challenge START. Example: Charlotte is an avid motorcyclist whose husband owns a car dealership. For additional guidance or to discuss your case with a criminal defense attorney, we invite you to contact us at Shouse Law Group. There is insufficient evidence that your behavior met the definition of a speed contest., You drove a motor vehicle on a highway; and. -- Vehicle Code 23109 VC. 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. "If we can prevent even one injury because of this new law, then our efforts will have been worth it," Rivas said. CALCRIM 2201 Speed Contest (Veh. 3. (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). Vehicle Code 23109 VC Speed contests, subsection (e)(1), endnote 3, above. Still, the heavy-handedness on display here should concern both car enthusiasts and fans of reasonable policing alike. The potential penalties for speed ex, unlike those for speed contests, do not include a drivers license suspension or restrictionand so are a very attractive alternative to DUI penalties., California dry reckless, a common California DUI plea bargain,is the crime of driving with willful and wanton disregard for the safety of other people or their property.30, (It is distinguished fromCalifornia wet recklessin that the latter is always a plea bargain from California DUI charges and is never charged separately.31), Reckless driving is a misdemeanor carrying at least five (5) and no more than ninety (90) days in county jail, and/or a fine of $145-$1,000.32. 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. Vehicle Code 2800.2 VC Flight from pursuing peace officer. 3d 623, Foley v. Superior Court (Cal. Charlotte and her friends cannot be charged under Californias speed contest law because her husbands lot does not count as a highway.. 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. It all hinges on the word "knowingly," which is left to the discretion of the arresting officer. April 22, 2020. Here are some of the new laws that affect drivers and pedestrians. 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. 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. With warmest regards. (6) A serious disfigurement. This escalates to a situation where both drivers are driving above the speed limit and. We do not handle any of the following cases: And we do not handle any cases outside of California. Because of recent changes in his business, her husband currently has a large part of his vehicle storage lot sitting empty. 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. Call our attorneys today to answer your questions regarding your citation. Unlike "normal" street racing, where people are competing to see whose car is fastest, takeovers focus. 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. 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)). ", "Thanks again for your hard work. The facts of a case may lead a prosecutor to charge street racing as reckless driving, per VC 23103. ((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. Code, 23109(c), (e)(2), (f)(1)(3)), endnote 9, above. Law enforcement officers across the state, including Pinellas (Satellite Office), Hillsborough, and Miami-Dade have conducted sting operations to prevent such activity. Unclassified cookies are cookies that we are in the process of classifying, together with the providers of individual cookies. What is an "exhibition of speed?" 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. By John Kapetaneas, Stephanie Lorenzo, and Allie Yang . Numerous street races will close off roads to ensure a designated area to race. We really appreciate it and we are happy that all turned out well. 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. He welcomed my input and my concerns. Traffic ticket? Targeting spectators is a new tactic for authoritiesand the start of a slippery slope. 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. What happens if a person is convicted of 23109 VC? Charlotte and several biker friends use her husbands empty lot to race their motorcycles on a short course. Street takeovers are unfortunately nothing new for residents of Southern California. 2. sixteen (16) months, two (2) years or three (3) years and. 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. This ticket was not our clients first brush with the law. All Rights Reserved. To do something willfully means to do it willingly or on purpose. (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. . 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. 6:00 PM The 4WP Every Man Challenge END. (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. How do you get a shear pin out of a snowblower? Copyright 2023 Shouse Law Group, A.P.C. Copyright 2023 Shouse Law Group, A.P.C. (D) If the legal owner or registered owner of the vehicle is a rental car agency. What is the legal definition of a speed contest? 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. California law makes itillegalto engage instreet racing,drag racing or speed contests on public roads, streets and highways. Intentionally fleeing from law enforcement is a misdemeanor, but it can escalate to a felony if theres reckless driving involved while doing so. He called up Greg Hill & Associates and spoke to Greg about the facts of the case. 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. The maximum punishment is three points on your drivers license, a maximum fine of $500.00 and the possibility of court ordered traffic school. A July 2019 sideshow in North Highlands split off to at least two other spots. There can be serious consequences to speed racing, and if you get charged you should consider fighting it in court. In most cases, a speed contest ticket under Vehicle Code 23109(a) VC will result in a misdemeanor charge. (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). Code, 23109(c), (e)(2), (f)(1)(3)). The information on this Law Firm website is for general information purposes only. 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. 4th 1276, 188 Cal. What happens if you get caught street racing in California? ", "Greg Hill did an outstanding job on every level. (c) This section does not preclude or prohibit prosecution under any other provision of law.), CALCRIM 2201 Speed Contest (Veh. Several of his new friends are into street racingracing cars on public streets late at night. 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 . 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.