speed contest in ca

[nevrlift]

What is the name of your state? CA

a friend of mine was cited for street racing but was parked next to the curb and told by the officer that her car was witnessed involved in a speed contest...pls note she was PARKED and the officer stated this to her and proceeded to write her a cite for it...she wasnt racing the car that nite and tehre were other cars there similar looking to hers....the car is in impound and about to be sold but she hasnt gotten her court date and they will not put an evidence hold on the car...what the hell are our options here?

[FlyingRon]

Originally Posted by nevrlift

What is the name of your state? CA

a friend of mine was cited for street racing but was parked next to the curb and told by the officer that her car was witnessed involved in a speed contest...pls note she was PARKED and the officer stated this to her and proceeded to write her a cite for it...she wasnt racing the car that nite and tehre were other cars there similar looking to hers....the car is in impound and about to be sold but she hasnt gotten her court date and they will not put an evidence hold on the car...what the hell are our options here?

Was she there?
Was she assisting in the race?
Was she blocking the road for the race with her car?

[CourtClerk]

Originally Posted by FlyingRon

Was she there?
Was she assisting in the race?
Was she blocking the road for the race with her car?

Right...because contrary to popular belief, even people who do nothing more than WATCH can be cited and cars impounded.

[SillyPuddy]

Why did you post this in the DUI forum? You've given no indication that alcohol was involved......or was it?


Uh**************I've been cited for street racing allthough this was back in high school. I don't think it's too taxing on the mind to notice what vehicles are invovled in street race. Perhaps if you give more details about the amount of cars in the vacitinty drag racing or something like that, you might get some other options.

[CdwJava]

Originally Posted by nevrlift

a friend of mine was cited for street racing

What was the specific section she was cited for?

but was parked next to the curb and told by the officer that her car was witnessed involved in a speed contest

That's sometimes enough to support the charge.

...pls note she was PARKED and the officer stated this to her and proceeded to write her a cite for it...she wasnt racing the car that nite and tehre were other cars there similar looking to hers

Okay ... SHE was not racing her car, but was someone ELSE racing her car?

....the car is in impound and about to be sold but she hasnt gotten her court date and they will not put an evidence hold on the car...what the hell are our options here?

"Our" options are none ... HER options are to pay the fees to get the car out of impound.

Under what authority was the car impounded? Yes, they can impound for street racing, but she should have been able to retrieve the car prior to any lien sale. Was there some other violation involved? Registration? License issues? Some other arrest?

- Carl

[CdwJava]

Originally Posted by CourtClerk

Right...because contrary to popular belief, even people who do nothing more than WATCH can be cited and cars impounded.

I hope that was tongue-in-cheek ... because I can't think of an authority section to impound for watching or even aiding a speed contest - driving, yes ... aiding, no.

- Carl

[CourtClerk]

Originally Posted by CdwJava

I hope that was tongue-in-cheek ... because I can't think of an authority section to impound for watching or even aiding a speed contest - driving, yes ... aiding, no.

- Carl

Nope...they've been doing it down here in these parts for quite some time now. Anyone participating in the slightest way... say... parked strategically on the street, etc., including being at the scene.

Strange, but true. I just sat through a few vehicle forfeiture hearings.

[CdwJava]

Originally Posted by CourtClerk

Nope...they've been doing it down here in these parts for quite some time now. Anyone participating in the slightest way... say... parked strategically on the street, etc., including being at the scene.

Strange, but true. I just sat through a few vehicle forfeiture hearings.

Holy crap!

Under what authority?!?! CVC 23109.2 authorizes an impound only for those directly related to the speed contest pursuant to the (a) subsection of CVC 23109. To impound a vehicle, it has to have been "engaged" in the speed contest, not aiding or abetting in some way. (Aiding and abetting, blocking streets, etc. are subsections of 23109 but are NOT the (a) section).

Either they are using some local ordinance that has not been challenged adequately, or they are playing fast and loose with the Vehicle Code and will one day be called to task for this. I suppose there might be a section I am completely missing, but it's not near 23109 or 22650 et seq.

- Carl

[CourtClerk]

Originally Posted by CdwJava

Holy crap!

Under what authority?!?! CVC 23109.2 authorizes an impound only for those directly related to the speed contest pursuant to the (a) subsection of CVC 23109. To impound a vehicle, it has to have been "engaged" in the speed contest, not aiding or abetting in some way. (Aiding and abetting, blocking streets, etc. are subsections of 23109 but are NOT the (a) section).

Either they are using some local ordinance that has not been challenged adequately, or they are playing fast and loose with the Vehicle Code and will one day be called to task for this. I suppose there might be a section I am completely missing, but it's not near 23109 or 22650 et seq.

- Carl

Most of them are in fact using local ordinances and muni codes to do it, and they are slowly (VERY SLOWLY) being challenged. Most recently, (I'm sure you've heard) they are beginning to challenge the vehicle forfeitures for those involved in solicitation of prostitution or drug offenses. I think I was reading in the Daily Journal sometime back that there was a case somewhere up in Northern CA where someone was challenging a vehicle forfeiture due to a solicitation charge. He seems to be on the winning end. Seems like street racing though, is very low on the totum pole. For now, the cars are going bye-bye.

[CdwJava]

I recall the challenge to the solicitation forfeitures, and I think that was decided recently in favor of the vehicle owner.

At least I'm glad I wasn't missing something in the CVC.

- Carl