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Every crime in California is defined by a specific code section. 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. As stated above, street racing can be charged under VC 23109. Copyright 2023 KABC Television, LLC. . This is a misdemeanor punishable by, Note that officers may write the citation as. The client then described his job and how he felt very privileged to even have a job with his criminal history. And that meant relying on private ambulance companies responding to emergencies from outside tribal land, increasing response time. Authorities across the country are constantly testing new ways to stop the violent delights and violent ends of street racing. In Colorado? 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. Juvenile defendants charged under VC 23109(a) will be charged in Californias juvenile court system. Example: Charlotte is an avid motorcyclist whose husband owns a car dealership. 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. 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. imprisonment in county jail for up to six months, a strike on the defendants record under. Example: Don has been bragging to his friends about the acceleration on his new car. Some people do not like loud noise and are concerned at what takes place in their living communities. Street racing and sideshows attract spectators as well as participants. 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. Los Angeles DUI defense attorneyJohn Murrayis an expert specialist in crimes involving the California Vehicle Code, including VC 23109. 8:00 AM The 2022 King of the Hammers, powered by Optima Batteries START. 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. Is watching an illegal street race illegal? 4th 206, 11 Cal. (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). Top 100 Trial Attorneys in the United States. 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. 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. ", "Thanks for investing in my case. . Charlotte and her friends cannot be charged under Californias speed contest law because her husbands lot does not count as a highway.. 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. 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. . Street Race Spectator, L.A. MC 47.15, Reduced to Infraction - Los Angeles Speed Contest Ticket Lawyer (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). It could carry penalties of: A county jail sentence between 24 hours and 90 days. As of July, the number of races and street takeovers across Los Angeles had jumped 27% in 2021, according to the Los Angeles Police Department. LOS ANGELES (KABC) -- State officials are hoping to crackdown on illegal street racing, and reckless driving, with new legislation aimed at increasing penalties for those involved in these activities. Your professionalism and thoroughness is greatly admired. These include: Vehicle Code 23109(c) VC describes the closely related crime of exhibition of speed. Exhibition of speed consists of accelerating or driving a vehicle at a dangerous speed, in order to show off for or make an impression on other people.27. Call our law firm to for a free consultation. The damage caused was estimated at $18,000. In this section, we offer solutions for clearing up your prior record. As per California Vehicle Code, you can be charged with additional violations. Street takeovers are unfortunately nothing new for residents of Southern California. What's Reckless Driving (VC 23103) & Punishment? but ended up with 78 cars being towed for spectating! 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). A criminal record can affect job, immigration, licensing and even housing opportunities. 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. 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. 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. The friend, who is ridingin the passenger seat of the car, uses his cell phone timer to test this claim. All Rights Reserved. Though laws vary, here are some penalties faced by street racers: You can be arrested and have your car impounded for 30 days. Getting your charges dropped to a speeding violation may severely reduce the penalties. Other related charges may include reckless driving, evading a police officer, or even destruction of property, each potentially carrying further penalties. Some sideshows go on for hours, while others clear out in minutes to avoid police. 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. Traffic ticket? App. Definitely recommend! 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. "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. Most new laws take effect on Jan. 1 in the year after they passed, with some exceptions. California Assembly Bill 3, authored by Assemblyman Vince Fong, R-Bakersfield, sideshows go on for hours, while others clear out in minutes to avoid police, man was hit by a car during a large sideshow, Santa Rosa, police observing a September sideshow, What are sideshows? 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. Do not hesitate to contact us at Shouse Law Group. Email the author: kyle@thedrive.com. What are the consequences of street car racing? In October 2019, she says, a vehicle struck the two horse riders, killing the two animals, and leaving the riders in critical condition. 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. Our attorneys explain the law, penalties and best defense strategies for every major crime in California. (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. 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. Fong said dangerous street racing and sideshows have taken too many lives. voted unanimously to approve the legislation. He described himself as having a newborn son with his girlfriend, who he planned to marry. 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. A motor vehicle so seized may be impounded for not more than 30 days. A citing officer needs to be able to prove that the charged individual was indeed at the race to specifically watch the race and take place in the festivities. Please note: Our firm only handles criminal and DUI cases, and only in California. They were all motorcycle enthusiasts who had spent considerable time in customizing their motorcycles and keeping the motorcycle spotlessly clean. 4th Dist., 2004), 117 Cal. sixteen (16) months, two (2) years or three (3) years and. Call our attorneys today to answer your questions regarding your citation. In order to do it willfully, it means you intended to break the law or gain some sort of advantage. Shouse Law Group has helped many citizens get charges reduced or dismissed, and keep their records clean. When Lila and her fellow racers are arrested for VC 23109(a) speed contestsBruces car is seized and impounded. 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When charged as a felony, the crime is punishable by: Watson murder, or second-degree DUI murder, can be punished by: A strike may result in a doubled sentence for any subsequent felony offense committed by the defendant.16. Because of recent changes in his business, her husband currently has a large part of his vehicle storage lot sitting empty. Typically, motorists or motorcyclists will shut down roads and begin racing each other up the street. 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. This ticket was not our clients first brush with the law. The maximum punishment is three points on your drivers license, a maximum fine of $500.00 and the possibility of court ordered traffic school. 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. 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. He was efficient, thorough, knowledgeable, courteous, responsive & brilliant. (Someone commits an act willfully when he or she does it willingly or on purpose. Vehicle Code 23109(c) VC Exhibition of speed. ([A motor vehicle includes a (passenger vehicle/motorcycle/bus/ school bus/commercial vehicle/truck tractor/ ). (d) A person shall not, for the purpose of facilitating or aiding or as an incident to any motor vehicle speed contest or exhibition upon a highway, in any manner obstruct or place a barricade or obstruction or assist or participate in placing a barricade or obstruction upon any highway.), Vehicle Code 23109 VC Speed contests. 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. In Santa Rosa, police observing a September sideshow were pelted with rocks when they tried to break it up after reports someone had been shot, The Press Democrat reported. What happens if a person is convicted of 23109 VC? We really appreciate it and we are happy that all turned out well. 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. What is the legal definition of a speed contest? The crowd swelled from about 100 to 200 or more, leading every available officer from the California Highway Patrol North Sacramento Office to respond to the incident. Sideshow crackdown: Under current California law, drivers who participate in illegal street races face penalties that include losing their licenses. 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. Got a tip? Reducing Bail & Knowing When Someone Will Be Released, Seal Arrest & Petition for Factual Innocence (PFI). Vehicle Code 2800.1 VC Flight from pursuing peace officer, endnote 33, above. More California laws on mental health, traffic and wages taking effect on Jan. 1. Criminal Defense Vehicle Code 23109 VC - Speed Contest. If the police gets wind of the race taking place they will attempt to block off the race at both ends and ticket the racers and the spectators. California law makes itillegalto engage instreet racing,drag racing or speed contests on public roads, streets and highways. As used in this section, a motor vehicle speed contest includes a motor vehicle race against another vehicle, a clock, or other timing device. This information on this website is not intended to create, and receipt or viewing of this information does not constitute, an attorney-client relationship. 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. Some cookies are placed by third party services that appear on our pages. 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. California car laws, rules and regulations. This escalates to a situation where both drivers are driving above the speed limit and. See also Penal Code 1170(h) Determinate sentencing.