Speed Contests

[tgonzalez89]

California. If I were to break the V.C. 23109(a), is there any way to prevent going to jail and just paying the fine? I heard that a public defender could help my case, but if this is the case, is a public defender automatically assigned to me or do I have to go looking for one?What is the name of your state (only U.S. law)?

 

[HomeGuru]

California. If I were to break the V.C. 23109(a), is there any way to prevent going to jail and just paying the fine? I heard that a public defender could help my case, but if this is the case, is a public defender automatically assigned to me or do I have to go looking for one?What is the name of your state (only U.S. law)?

**A: we do not respond to what ifs. If you have a real case please state the facts so we can assist you. Thank you.

 

[Hey There]

AN ANSWER to your question

tgonzalez89

The correct way to ask for information is to state the violation you were CITED for. Stating what a driver is cited for is simply saying that he received a ticket for a traffic violation, not that he did it.
The penalties are high for a speed contest in CA.
Here's VC 23109 (a) and penalties.
California Vehicle Code VC 23109(a) - Speed Contest

23109. (a) A person shall not engage in a motor vehicle speed contest on a highway. As used in this section, a motor vehicle speed contest includes a motor vehicle race against another vehicle, a clock, or other timing device. 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.
e) (1) A person convicted of a violation of subdivision (a) shall be punished by imprisonment in a county jail for not less than 24 hours nor more than 90 days or by a fine of not less than three hundred fifty-five dollars ($355) nor more than one thousand dollars ($1,000), or by both that fine and imprisonment. That person shall also be required to perform 40 hours of community service. 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. The person’s privilege to operate a motor vehicle may be restricted for 90 days to six months to necessary travel to and from that person’s place of employment and, if driving a motor vehicle is necessary to perform the duties of the person’s employment, restricted to driving in that person’s scope of employment. This subdivision does not interfere with the court’s power to grant probation in a suitable case.
sourceCalifornia Vehicle Code VC 23109 - Speed Contests) website

Best Regards,
Hey There

 

[Hey There]

tgonzalez89

I heard that a public defender could help my case, but if this is the case, is a public defender automatically assigned to me or do I have to go looking for one ?

Lawyers

You have the right to be represented by an attorney at your own expense, or you may represent yourself without the assistance of an attorney. If you are charged with a misdemeanor violation and cannot afford to hire an attorney, the Court will appoint a free attorney upon your request; at the end of the case, however, you may be asked to pay all or part of the cost of that attorney, if you can afford it. (Source: L.A. Sperior Court--Traffic)
Note: If the lawyer the driver is assigned is unsatisfactory he can ask for another one or retain a lawyer at his exspense.
Google:How To Choose A Lawyer

Waiver Of Fees
The Court charges fees for some of its procedures. The Court may excuse you from paying these fees if you cannot afford them. Refer to the Information Sheet on Waiver of Court Fees and Costs form to find out if you meet the requirements so that you do not have to pay the fees.
Facts:
It is more common for a driver charged with a misdemeanor to plead not guily at Arraignment than not.
A jury trial is best when charged with a misdemeanor and is best handled by a lawyer.
A not guilty plea at arraignment leaves the door open to bargain with the prosecutor later if that is what the driver wants to do instead of going to a jury trial.
Speeding Ticket -- Fighting or Plea Bargaining-(Google Search )although geared to speeding tickets has information on a driver's rights, when to get a lawyer, and how a court is run.

Best Regards,
Hey There