Code, 23109(c), (e)(2), (f)(1)(3)). Can you get in trouble for spectating street racing? Driving with a disregard for safety of others or their property is considered reckless driving. 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. What's Reckless Driving (VC 23103) & Punishment? We're about to find out. He described himself as having a newborn son with his girlfriend, who he planned to marry. The information on this Law Firm website is for general information purposes only. 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. . All Rights Reserved. As stated above, street racing can be charged under VC 23109. A fine of between five hundred dollars ($500) and one thousand dollars ($1,000). See also. ([The term highway describes any area publicly maintained and open to the public for purposes of vehicular travel, and includes a street. California Department of Motor Vehicles (DMV), California Vehicle Code, Division 11: Rules of the Road, Chapter 12: Public Offenses, Article 1: Driving Offenses, minimum of 1 day and up to 90 days in county jail. By John Kapetaneas, Stephanie Lorenzo, and Allie Yang . Many will place illegal racing as originating in the United States as the result of Prohibition, when automobiles were used to transport illegal alcohol to speakeasies and similar establishments. Code, 23109(c), (e)(2), (f)(1)(3)). When Lila and her fellow racers are arrested for VC 23109(a) speed contestsBruces car is seized and impounded. As a result, they had new equipment that was purchased but sitting around unused as they went through the state bureaucratic process. Typically, motorists or motorcyclists will shut down roads and begin racing each other up the street. Police officer mistakes, faulty breathalyzers and crime lab errors may get your charges reduced or dismissed. 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. But it does not include property that is maintained by private entities and/or not open to the public for vehicle travel. 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. What are the consequences of street car racing? If you are found guilty of one of these offences, you will be assessed a fine.General public. 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. A July 2019 sideshow in North Highlands split off to at least two other spots. partaking in a speed contest (per VC 23109), custody in county jail for up to 90 days, and/or. Reckless driving endangering the lives and safety of others. Several social media accounts appear to exist for the sole purpose of coordinating meetups to block off streets, which officials say makes it even harder to stop the activity. It could carry penalties of: A county jail sentence between 24 hours and 90 days. Submitting a contact form, sending a text message, making a phone call, or leaving a voicemail does not create an attorney-client relationship. 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. Enhanced speed contest penalties (prior conviction; bodily injury). 4th 206, 11 Cal. I consent to the use of following cookies: Necessary cookies help make a website usable by enabling basic functions like page navigation and access to secure areas of the website. (Someone commits an act willfully when he or she does it willingly or on purpose. 6:00 PM The 4WP Every Man Challenge END. Top 100 Trial Attorneys in the United States. . . (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. For additional guidance or to discuss your case with a criminal defense attorney, we invite you to contact us at Shouse Law Group. This new law was passed in an effort to curb the amount of street racing in Fort Worth, as spectators are a large draw for street racers and stunting. The client was apparently one of about twenty other folks just watching certain motorcyclists doing donuts. Because of recent changes in his business, her husband currently has a large part of his vehicle storage lot sitting empty. With warmest regards. 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. 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.It can also refer to racing against a timing device such as a clock or a stopwatch.. California Vehicle Code 23109(a) VC makes it a crime willfully to participate in a speed contest. 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. Example: Charlotte is an avid motorcyclist whose husband owns a car dealership. 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. More California laws on mental health, traffic and wages taking effect on Jan. 1. These offenses are punished under Vehicle Code 23109 VC (speed contests) and Vehicle Code 23103 VC (reckless driving) . Being a spectator to street racing carries fairly hefty consequences and in Florida is considered a moving violation. "The last four years we've lost six young people as a result of street racing in the city," San Jose Mayor . FRIDAY FEBRUARY 4TH. 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. Adolfo did not intend to break the law or cause anyone any harm; he did not even really want to be involved with the race. Other related charges may include reckless driving, evading a police officer, or even destruction of property, each potentially carrying further penalties. 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. 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. A first-time conviction is punishable by: If a person commits this crime with a prior conviction, the penalties may include: A violation of VC 23103 is charged as a misdemeanor. An alleged spectator could have simply been taking a leisurely stroll in the area, walking their dog, making a run to the grocery store, or simply hanging out in the area with friends. Technology, performance and design delivered to your inbox. California Assembly Bill 3, authored by Assemblyman Vince Fong, R-Bakersfield, will go into effect July 1, 2025. 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Speed contest is defined as a race of a vehicle against another vehicle or a clock. Any unauthorized reproduction or use of this material is prohibited. 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. He called up Greg Hill & Associates and spoke to Greg about the facts of the case. (This happens especially frequently withelderly drivers.). Sideshow crackdown: Under current California law, drivers who participate in illegal street races face penalties that include losing their licenses. 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. The friend, who is ridingin the passenger seat of the car, uses his cell phone timer to test this claim. He asks the friend to time him to see how long it takes him to get to the end of the block. A Los Angeles Times investigation found 179 people had died in speed contests in Los Angeles County from . Street racing and sideshows attract spectators as well as participants. California law makes itillegalto engage instreet racing,drag racing or speed contests on public roads, streets and highways. Most new laws take effect on Jan. 1 in the year after they passed, with some exceptions. 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. A motor vehicle so seized may be impounded for not more than 30 days. 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. Spectators will often take video of these events and post them on social media. 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. You can imagine what the impact of a stunt driving conviction will be on your car insurance premium. There are several related California offenses that are commonly charged along with, or instead of, speed contests. 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. 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.