Free Consultation - Call (310) 782-2500 - Greg Hill & Associates aggressively represents the accused against charges in Speed Contest Ticket & Pre-Trial Hearing cases. 2. 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. As defined by California law, in order to participate in a speed contest you must operate a motor vehicle (car, truck, pickup, motorcycle, bus, etc.) SATURDAY FEBRUARY 5TH. 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. What happens if a person is convicted of 23109 VC? Read More, In case of sale of your personal information, you may opt out by using the link Do Not Sell My Personal Information. General Information: 800-807-6755. 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. 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. 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. 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? 10:00 AM King of the Hammers, powered by Optima Batteries: Tech & Contingency. A wobbler is charged as either a misdemeanor or a felony. Authorities in California reportedly impounded 78 cars that were spectating a street takeover in the Los Angeles region over the weekend. Vehicle Code 23109 VC Speed contests. 4th Dist., 2004), 117 Cal. A passenger vehicle (such as a car or pickup truck); The route is more than twenty (20) miles, and. So Don invites several of his friends to his street and hands one of his friends a stopwatch. Copyright 2021 TheTicketLawyers.com. 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. Here are five you should know about. Currently, state law prohibits vehicle exhibition speeding on highways or aiding or abetting in that type of street racing. a $1,000 His ID is now known, What judge said to Alex Murdaugh is why we should abolish the death penalty | Opinion, Honeymooning couple abandoned at sea by snorkel tour boat, Hawaii lawsuit says, Watch: Brawl ends Inderkum-Riordan CIF Northern California playoff game in San Francisco, The new McCarthyism: House Speaker Kevin McCarthy is way too cozy with Fox News | Opinion, Fisherman finds missing Northern California womans body in Sutter County river, El Dorado County man found dead in snow near a vehicle in Camino, Sheriffs Office says, Explosion rocks home near South Lake Tahoe; firefighters found debris everywhere, Sacramento police detectives arrest homicide suspect in New Years Day shooting, Sacramento police officer faces vehicular manslaughter charge in motorcyclists death, Child sex crime suspect is booked into Sacramento jail after extradition from Panama. Being a spectator to street racing carries fairly hefty consequences and in Florida is considered a moving violation. It is possible for a person to have been completely oblivious about the street race and simply ended up at the race when the police showed up. 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. Enhanced speed contest penalties (prior conviction; bodily injury). 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. All Rights Reserved. 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. 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. 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. The case is called People v. Watson.8. In case there is insufficient evidence that you engaged in a speed contest you may be able to have (some) charges against you dropped. There's also a second section that extends the misdemeanor charge to anyone present during "preparations" for said races and exhibitions. In most cases, street racing in California is a misdemeanor. 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. But those who participate in sideshows -. 4th 1276, 188 Cal. Common consequences for a person watching a street race are, 3 points on an individuals license which could lead to license suspensionand a fine that can amount to $500. 13.46.010) Dismissed :: Los Angeles County Criminal Defense Lawyers Greg Hill & Associates. 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). By John Kapetaneas, Stephanie Lorenzo, and Allie Yang . "We need to increase the penalties for illegal street racing activities to send a message that this activity will not be tolerated.". As such, street racing in private property would not be considered illegal. He was efficient, thorough, knowledgeable, courteous, responsive & brilliant. Street racing has certainly been made popular in recent years, but its highly illegal and can carry severe penalties if you get caught. He called up Greg Hill & Associates and spoke to Greg about the facts of the case. 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. Set aside the debate on whether it's reasonable or even feasible for police to show up to a crowd of potentially hundreds of spectators and grab the small handful they can while everyone else slips away; let's also acknowledge that attending an illegal and dangerous event does make someone part of the problem. Facebook; . What is an "exhibition of speed?" A motor vehicle so seized may be impounded for not more than 30 days. If you have been accused of "willfully engaging in a speed contest," prosecutors will need to prove four important elements in order to show you were guilty: You were a participant in a motor vehicle race. The client then described his job and how he felt very privileged to even have a job with his criminal history. Major off-road desert racing returns to Southern California after more than two decades. Vehicle Code 23109(c) VC Exhibition of speed. Were sending a message that this dangerous activity is no longer acceptable.. Definitely recommend! 23109(c), Exhibition of Speed? Every crime in California is defined by a specific code section. (6) A serious disfigurement. California Courts (Courts) Traffic tickets are handled at the county office in which the ticket was issued. 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. Spectator at a Street Race (L.A.M.C. So just how far will San Jose go in its enforcement? 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. They were so pleasant and knowledgeable when I contacted them. 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)). Articles may contain affiliate links which enable us to share in the revenue of any purchases made. Targeting spectators is a new tactic for authoritiesand the start of a slippery slope. . However, penalties can vary, depending on the criminal histories of the people involved, other charges and the . Your intensity and interest helped a lot.". ", "Greg Hill did an outstanding job on every level. It's a bold new tactic for policeand one that warrants a closer look. 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). Law enforcement officers across the state, including Pinellas (Satellite Office), Hillsborough, and Miami-Dade have conducted sting operations to prevent such activity. (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. . But his friends assure him (wrongly) that it is legal if it is done late at night. California law makes it illegal to engage in street racing, drag racing or speed contests on public roads, streets and highways. Proving prior knowledge of someone else's burnout in that kind of situation would be challenging in court. Gavin Newsom on Thursday signed a law aimed at cracking down on illegal street racing and so-called "sideshows" by adding a driver's license suspension for up to six months to the. Call our law firm to for a free consultation. This story was originally published October 8, 2021, 11:43 AM. This form is encrypted and protected by attorney-client confidentiality. How much is a ticket for spectating a sideshow? Welcome to CaliforniaCarLaws! App. 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. Visit our California DUI page to learn more. As Eyewitness News reported earlier this year, tribes said the state was requiring them to go through a longer process to get permission to operate ambulances than most cities and counties go through. But because they are on bicycles rather than in motor vehicles, they are not guilty of VC 23109. These offenses arepunished under Vehicle Code 23109 VC (speed contests) and Vehicle Code 23103 VC (reckless driving). There is insufficient evidence that your behavior met the definition of a speed contest., You drove a motor vehicle on a highway; and. Being accused or arrested for a crime does not necessarily mean you will be convicted in court. For similar laws in Nevada, see our article on: Drag Racing and Unauthorized Speed Contests in Nevada Law.. The information on this Law Firm website is for general information purposes only. 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.". Typically, motorists or motorcyclists will "shut down" roads and begin racing each other up the street. We do not handle any of the following cases: And we do not handle any cases outside of California. Still, the heavy-handedness on display here should concern both car enthusiasts and fans of reasonable policing alike. Los Angeles DUI defense attorneyJohn Murrayis an expert specialist in crimes involving the California Vehicle Code, including VC 23109. 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. Street racing and sideshows attract spectators as well as participants. 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. 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. For more information about street racing issues, please click on the following articles: We serve clients throughout California including those in the following localities: Los Angeles County including, Spectator at a Street Race (L.A.M.C. Street takeovers are unfortunately nothing new for residents of Southern California. -- Vehicle Code 23109 VC. 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. Email the author: kyle@thedrive.com. How much is a spectator ticket in California? Its worth noting that we have not verified where or when the takeovers in those videos happened. All Rights Reserved. This is a misdemeanor punishable by, Note that officers may write the citation as. In Nevada? New California laws will take effect in 2022. 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. 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. I talked to other attorneys out there and they had an arms-length of attitude, but not you. Other accounts glorify the stunts by gathering and posting videos from users that attended. As used in this section, a motor vehicle speed contest includes a motor vehicle race against another vehicle, a clock, or other timing device. All rights reserved. It is possible that a spectator of street racing was just at the wrong place at the wrong time. 8:00 AM The 4WP Every Man Challenge START. 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. 2022Recurrent Ventures. "The last four years we've lost six young people as a result of street racing in the city," San Jose Mayor . He works closely with his clients, and carefully chosen private investigators and experts, to build the strongest defense in cases ranging from DUI to driving on a suspended license tospeed contests. 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. "If we can prevent even one injury because of this new law, then our efforts will have been worth it," Rivas said. suspension or restriction of your drivers license from 90 days to 6 months. Some people do not like loud noise and are concerned at what takes place in their living communities. Marcus and Jayden are engaging in a dangerous speed contest. See also Penal Code 1170(h) Determinate sentencing. A Los Angeles Times investigation found 179 people had died in speed contests in Los Angeles County from . Here are some examples of people who could end up charged as a speed contest: Engaging in a speed contest is amisdemeanor in California. VC 23109(c)exhibition of speedcan be charged on its own, as either a misdemeanor or aninfraction.28But it is also a very commonCalifornia DUI plea bargain. 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. The website cannot function properly without these cookies. It's especially fraught when you consider the fact that sideshows often involve the sudden takeover of a public road or intersection with random passersby well within that 200 feet radius. He asks the friend to time him to see how long it takes him to get to the end of the block. 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. California street racing is defined as a speed contest and is illegal and punishable by law. Street racing is illegal in California, usually punishable by up to 90 days in county jail and a fine of up to $1,000. Our California criminal defense attorneys will address the following in this article: The offense is often charged under Vehicle Code 23109 VC. 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. This bill puts tribes in line with the requirements for cities and counties to operate their own ambulances. Being accused or arrested for a crime does not necessarily mean you will be convicted in court. Free of charge, find out what your best defense is by calling The Law Place at 1-800-FIGHT-IT (1-800-344-4848). Whats the maximum sentence for street racing? thirty (30) days to one (1) year in county jail, and/or. California car laws, rules and regulations. How do defense attorneys fight these charges? 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. (b) A person shall not aid or abet in any motor vehicle speed contest on any highway. 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. This is typically the scene where multiple spectators will come out and watch the race. Juvenile defendants charged under VC 23109(a) will be charged in Californias juvenile court system. Is watching an illegal street race illegal? 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. Unclassified cookies are cookies that we are in the process of classifying, together with the providers of individual cookies. ((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. (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). Copyright 2023 Shouse Law Group, A.P.C. 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. What is the best way to compare cost of living between cities? 4.3. He had found out about the gathering on Facebook. Analytics cookies help website owners to understand how visitors interact with websites by collecting and reporting information anonymously. (f) (1) If a person is convicted of a violation of subdivision (a) for an offense that occurred within five years of the date of a prior offense that resulted in a conviction of a violation of subdivision (a), that person shall be punished by imprisonment in a county jail for not less than four 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).