All rights reserved. (A person engages in a speed contest when he or she uses a motor vehicle to race against another vehicle, a clock, or other timing device. Code, 23109(c), (e)(2), (f)(1)(3)). 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. Spectator at a Street Race (L.A.M.C. That's a fair observation, and the city's recent string of injuries and fatal accidents tied to street racing is a just cause. These offenses are punished under Vehicle Code 23109 VC (speed contests) and Vehicle Code 23103 VC (reckless driving) . The client was apparently one of about twenty other folks just watching certain motorcyclists doing donuts. All Rights Reserved. Visit our California DUI page to learn more. 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. All Rights Reserved. (8) Paralysis. 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. Can you get in trouble for spectating street racing? A criminal record can affect job, immigration, licensing and even housing opportunities. Authorities across the country are constantly testing new ways to stop the violent delights and violent ends of street racing. LAPD investigators say at least . Unbeknownst to Bruce, Lila sneaks out of the house one night in Bruces car and uses it to participate in a street race. 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. a fine of between five hundred dollars ($500) and one thousand dollars ($1,000). Groups of spectators can reach into the hundreds, often blocking even more traffic lanes. He asks the friend to time him to see how long it takes him to get to the end of the block. Set location to show nearby results. 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. 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. Police officer mistakes, faulty breathalyzers and crime lab errors may get your charges reduced or dismissed. They have expressed disbelief. This is what California Law States What happens if I just watch? See also Vehicle Code 23109.1 VC Speed contests causing injury. Is watching an illegal street race illegal? Violations of the crimes can result in fines and/or jail time. 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. Spectators of sideshow events there could face misdemeanor charges and up to a $1,000 fine for watching sideshow events. We will update this article as more information becomes available. (D) Exhibition of speed on a highway, as described in subdivision (c) of Section 23109. . 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. 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. Driving with a disregard for safety of others or their property is considered reckless driving. This website uses cookies to improve your experience. (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. 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. Sideshow crackdown: Under current California law, drivers who participate in illegal street races face penalties that include losing their licenses. Exhibition of speed is considered either a misdemeanor or an infraction, and dont include drivers license suspensions. New California laws will take effect in 2022. With warmest regards. Greg gladly accepted such a pre-plea offer, also known as pure diversion or delayed entry of plea, asking for three months for our client to complete the online driving school course and perform the 20 hours of community service. The vehicle does not exceed the speed limit during the event. 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 . 57 talking about this. Currently, state law prohibits vehicle exhibition speeding on highways or aiding or abetting in that type of street racing. They are frequently traveling side-by-side, leading one of them to veer out of the bike lane into the regular traffic lanes. Every crime in California is defined by a specific code section. Email the author: kyle@thedrive.com. There is insufficient evidence that your behavior met the definition of a speed contest., You drove a motor vehicle on a highway; and. What it also does is potentially hold people accountable for the decisions of complete strangers. This website will explain all car-related laws, rules and regulations in one place for quick and easy reference. 13.46.010) Dismissed, "Thank you so much for putting so much effort in this case. Vehicle Code 23109 VC Speed contests, subsections (e) and (f), endnote 5, above. They were so pleasant and knowledgeable when I contacted them. 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. 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. Engaging in a speed contest in California is considered a misdemeanor. That person shall also be required to perform 40 hours of community service. . Exhibition of speed is defined as accelerating or driving a vehicle at a dangerous speed in order to make an impression on other people. Analytics cookies help website owners to understand how visitors interact with websites by collecting and reporting information anonymously. This subdivision does not interfere with the courts power to grant probation in a suitable case.), Vehicle Code 23109 VC Speed contests. (c) This section does not preclude or prohibit prosecution under any other provision of law.), CALCRIM 2201 Speed Contest (Veh. Vehicle Code 23109(I) VC Penalties for exhibition of speed. 2022Recurrent Ventures. (b) Knowingly gather, attend or assist in preparations for any such event. (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. Vehicle Code 23109 VC Speed contests. But those who participate in sideshows - spinning out in the street in front of an impromptu audience - face only minor consequences. Copyright 2023 Shouse Law Group, A.P.C. 8:00 PM Live Music Begins. DUI arrests don't always lead to convictions in court. 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California law defines a street race as a "speed contest" (Vehicle Code 23109 (a)). 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. 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. What crimes can be charged for street racing? In case you have a previous conviction for street racing within 5 years, youll be looking at 4 days to 6 months in county jail, $500 $1,000 fine, and a mandatory suspension of your drivers license for 6 months. As such, street racing in private property would not be considered illegal. A passenger vehicle (such as a car or pickup truck); The route is more than twenty (20) miles, and. ", "Thanks for investing in my case. The maximum punishment is three points on your drivers license, a maximum fine of $500.00 and the possibility of court ordered traffic school. sixteen (16) months, two (2) years or three (3) years and. Rptr. 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. 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. Most new laws take effect on Jan. 1 in the year after they passed, with some exceptions. ((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. 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. Charlotte and several biker friends use her husbands empty lot to race their motorcycles on a short course. 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. Because of recent changes in his business, her husband currently has a large part of his vehicle storage lot sitting empty. See also. 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. California law makes itillegalto engage instreet racing,drag racing or speed contests on public roads, streets and highways. Example: Don has been bragging to his friends about the acceleration on his new car. Serious bodily injury is a slightly lesser standard than the standard of great bodily injury/harm that plays a role in other California criminal law. 23109(c), Exhibition of Speed? 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. (Someone commits an act willfully when he or she does it willingly or on purpose. ([A motor vehicle includes a (passenger vehicle/motorcycle/bus/ school bus/commercial vehicle/truck tractor/