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  • street racing?

    A relative of mine got busted a few nights ago racing on the freeway. I have a few questions...

    1. He has some modifications. What happens if he refuses to pop the hood, would the car be automatically impounded?

    2. Is traffic school allowable for this violation to reduce the fine? chp wrote 95 in a 65.

  • #2
    Originally posted by Don951 View Post
    A relative of mine got busted a few nights ago racing on the freeway. I have a few questions...

    1. He has some modifications. What happens if he refuses to pop the hood, would the car be automatically impounded?

    Compliance with Peace Officer Orders

    2800. (a) It is unlawful to willfully fail or refuse to comply with a lawful order, signal, or direction of a peace officer, as defined in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2 of the Penal Code, when that peace officer is in uniform and is performing duties pursuant to any of the provisions of this code, or to refuse to submit to a lawful inspection pursuant to this code.

    (b) Except as authorized pursuant to Section 24004, it is unlawful to fail or refuse to comply with a lawful out-of-service order issued by an authorized employee of the Department of the California Highway Patrol or by a uniformed peace officer, as defined in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2 of the Penal Code, when that peace officer or authorized employee is performing duties pursuant to any provision of this code and the out-of-service order complies with Section 395.13 or 396.9 of Title 49 of the Code of Federal Regulations.

    (c) It is unlawful to fail or refuse to comply with a lawful out-of-service order issued by the United States Secretary of the Department of Transportation.

    (d) It is unlawful to fail or refuse to comply with a lawful out-of-service order issued by a peace officer or commercial vehicle inspector, of any state, any Province of Canada, or the Federal Government of the United States, Canada, or Mexico, when that peace officer or commercial vehicle inspector is in uniform and is performing duties under any provisions of state, provincial, federal, or Mexican law and the out-of-service order complies with Section 395.13 or 396.9 of Title 49 of the Code of Federal Regulations.

    Amended Sec. 29.5, Ch. 724, Stats. 1999. Effective January 1, 2000.
    Amended Sec. 2, Ch. 952, Stats. 2004. Effective January 1, 2004. Operative September 20, 2005.
    Amended Sec. 1, Ch. 288, Stats. 2006. Effective January 1, 2007.
    As you can see from the above section, inspection requests by a peace officer are official and a failure to comply may result in the immediate arrest of the offender and that will lead to the vehicle being seized.

    2. Is traffic school allowable for this violation to reduce the fine? chp wrote 95 in a 65.

    The violation is a misdemeanor and the courts generally do not permit traffic school for misdemeanors.
    Speed Contests

    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.

    (b) A person shall not aid or abet in any motor vehicle speed contest on any highway.

    (c) A person shall not engage in a motor vehicle exhibition of speed on a highway, and a person shall not aid or abet in a motor vehicle exhibition of speed on any highway.

    (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.

    (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.

    (2) If a person is convicted of a violation of subdivision (a) and that violation proximately causes bodily injury to a person other than the driver, the person convicted shall be punished 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.

    (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).

    (2) If the perpetration of the most recent offense within the five-year period described in paragraph (1) proximately causes bodily injury to a person other than the driver, a person convicted of that second violation shall be imprisoned in a county jail for not less than 30 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).

    (3) If the perpetration of the most recent offense within the five-year period described in paragraph (1) proximately causes serious bodily injury, as defined in paragraph (4) of subdivision (f) of Section 243 of the Penal Code, to a person other than the driver, a person convicted of that second violation shall be imprisoned in the state prison, or in a county jail for not less than 30 days nor more than one year, and by a fine of not less than five hundred dollars ($500) nor more than one thousand dollars ($1,000).

    (4) The court shall order the privilege to operate a motor vehicle of a person convicted under paragraph (1), (2), or (3) suspended for a period of six months, as provided in paragraph (9) of subdivision (a) of Section 13352. In lieu of the suspension, the person’s privilege to operate a motor vehicle may be restricted for 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.

    (5) This subdivision does not interfere with the court’s power to grant probation in a suitable case.

    (g) If the court grants probation to a person subject to punishment under subdivision (f), in addition to subdivision (f) and any other terms and conditions imposed by the court, which may include a fine, the court shall impose as a condition of probation that the person be confined in a county jail for not less than 48 hours nor more than six months. The court shall order the person’s 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).

    (h) If a person is convicted of a violation of subdivision (a) and the vehicle used in the violation is registered to that person, the vehicle may be impounded at the registered owner’s expense for not less than one day nor more than 30 days.

    (i) A person who violates subdivision (b), (c), or (d) shall upon conviction of that violation be punished by imprisonment in a county jail for not more than 90 days, by a fine of not more than five hundred dollars ($500), or by both that fine and imprisonment.

    (j) If a person’s privilege to operate a motor vehicle is restricted by a court pursuant to this section, the court shall clearly mark the restriction and the dates of the restriction on that person’s driver’s license and promptly notify the Department of Motor Vehicles of the terms of the restriction in a manner prescribed by the department. The Department of Motor Vehicles shall place that restriction in the person’s records in the Department of Motor Vehicles and enter the restriction on a license subsequently issued by the Department of Motor Vehicles to that person during the period of the restriction.

    (k) The court may order that a person convicted under this section, who is to be punished by imprisonment in a county jail, be imprisoned on days other than days of regular employment of the person, as determined by the court.

    (l) This section shall be known and may be cited as the Louis Friend Memorial Act.

    Amended Sec. 2, Ch. 595, Stats. 2004. Effective January 1, 2005.
    Amended Sec. 1, Ch. 475, Stats. 2005. Effective January 1, 2006.
    Amended Sec. 661, Ch. 538, Stats. 2006. Effective January 1, 2007.
    Be courteous to all, but intimate with few, and let those few be well tried before you give them your confidence!

    [George Washington (1732 - 1799)]

    Comment


    • #3
      And, just a little more for you to absorb:

      Vehicle Impoundment: Speed Contests and Reckless Driving

      23109.2. (a) (1) Whenever a peace officer determines that a person was engaged in any of the activities set forth in paragraph (2), the peace officer may immediately arrest and take into custody that person and may cause the removal and seizure of the motor vehicle used in that offense in accordance with Chapter 10 (commencing with Section 22650). A motor vehicle so seized may be impounded for not more than 30 days.

      (2) (A) A motor vehicle speed contest, as described in subdivision (a) of Section 23109.

      (B) Reckless driving on a highway, as described in subdivision (a) of Section 23103.

      (C) Reckless driving in an offstreet parking facility, as described in subdivision (b) of Section 23103.

      (D) Exhibition of speed on a highway, as described in subdivision (c) of Section 23109.

      (b) The registered and legal owner of a vehicle removed and seized under subdivision (a) or their agents shall be provided the opportunity for a storage hearing to determine the validity of the storage in accordance with Section 22852.

      (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.

      (B) If the person alleged to have been engaged in the motor vehicle speed contest, as described in subdivision (a), was not authorized by the registered owner of the motor vehicle to operate the motor vehicle at the time of the commission of the offense.

      (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).

      (D) If the legal owner or registered owner of the vehicle is a rental car agency.

      (E) If, prior to the conclusion of the impoundment period, a citation or notice is dismissed under Section 40500, criminal charges are not filed by the district attorney because of a lack of evidence, or the charges are otherwise dismissed by the court.

      (2) A vehicle shall be released pursuant to this subdivision only if the registered owner or his or her agent presents a currently valid driver’s license to operate the vehicle and proof of current vehicle registration, or if ordered by a court.

      (3) If, pursuant to subparagraph (E) of paragraph (1) a motor vehicle is released prior to the conclusion of the impoundment period, neither the person charged with a violation of subdivision (a) of Section 23109 nor the registered owner of the motor vehicle is responsible for towing and storage charges nor shall the motor vehicle be sold to satisfy those charges.

      (d) A vehicle seized and removed under subdivision (a) shall be released to the legal owner of the vehicle, or the legal owner’s agent, on or before the 30th day of impoundment if all of the following conditions are met:

      (1) The legal owner is a motor vehicle dealer, bank, credit union, acceptance corporation, or other licensed financial institution legally operating in this state, or is another person, not the registered owner, holding a security interest in the vehicle.

      (2) The legal owner or the legal owner’s agent pays all towing and storage fees related to the impoundment of the vehicle. No lien sale processing fees shall be charged to a legal owner who redeems the vehicle on or before the 15th day of impoundment.

      (3) The legal owner or the legal owner’s agent presents foreclosure documents or an affidavit of repossession for the vehicle.

      (e) (1) The registered owner or his or her agent is responsible for all towing and storage charges related to the impoundment, and any administrative charges authorized under Section 22850.5.

      (2) Notwithstanding paragraph (1), if the person convicted of engaging in the activities set forth in paragraph (2) of subdivision (a) was not authorized by the registered owner of the motor vehicle to operate the motor vehicle at the time of the commission of the offense, the court shall order the convicted person to reimburse the registered owner for any towing and storage charges related to the impoundment, and any administrative charges authorized under Section 22850.5 incurred by the registered owner to obtain possession of the vehicle, unless the court finds that the person convicted does not have the ability to pay all or part of those charges.

      (3) If the vehicle is a rental vehicle, the rental car agency may require the person to whom the vehicle was rented to pay all towing and storage charges related to the impoundment and any administrative charges authorized under Section 22850.5 incurred by the rental car agency in connection with obtaining possession of the vehicle.

      (4) The owner is not liable for any towing and storage charges related to the impoundment if acquittal or dismissal occurs.

      (5) The vehicle may not be sold prior to the defendant’s conviction.

      (6) The impounding agency is responsible for the actual costs incurred by the towing agency as a result of the impoundment should the registered owner be absolved of liability for those charges pursuant to paragraph (3) of subdivision (c). Notwithstanding this provision, nothing shall prohibit impounding agencies from making prior payment arrangements to satisfy this requirement.

      (f) Any period when a vehicle is subjected to storage under this section shall be included as part of the period of impoundment ordered by the court under subdivision (h) of Section 23109.

      Repealed Sec. 1, Ch. 727 and added Sec. 3, Ch. 727, Stats. 2007. Effective October 14, 2007.

      The repealed section read as follows: “(a) Whenever a peace officer determines that a person was engaged in a motor vehicle speed contest, as described in subdivision (a) of Section 23109, the peace officer may immediately arrest and take into custody that person and may cause the removal and seizure of the motor vehicle used in that contest in accordance with Chapter 10 (commencing with Section 22650). A motor vehicle so seized may be impounded for not more than 30 days.

      (b) The registered and legal owner of a vehicle that is removed and seized under subdivision (a) or their agents shall be provided the opportunity for a storage hearing to determine the validity of the storage in accordance with Section 22852.

      (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.

      (B) If the person alleged to have been engaged in the motor vehicle speed contest, as described in subdivision (a), was not authorized by the registered owner of the motor vehicle to operate the motor vehicle at the time of the commission of the offense.

      (C) If the legal owner or registered owner of the vehicle is a rental car agency.

      (D) If, prior to the conclusion of the impoundment period, a citation or notice is dismissed under Section 40500, criminal charges are not filed by the district attorney because of a lack of evidence, or the charges are otherwise dismissed by the court.

      (2) A vehicle shall be released pursuant to this subdivision only if the registered owner or his or her agent presents a currently valid driver’s license to operate the vehicle and proof of current vehicle registration, or if ordered by a court.

      (3) If, pursuant to subparagraph (D) of paragraph (1) a motor vehicle is released prior to the conclusion of the impoundment period, neither the person charged with a violation of subdivision (a) of Section 23109 nor the registered owner of the motor vehicle is responsible for towing and storage charges nor shall the motor vehicle be sold to satisfy those charges.

      (d) A vehicle seized and removed under subdivision (a) shall be released to the legal owner of the vehicle, or the legal owner’s agent, on or before the 30th day of impoundment if all of the following conditions are met:

      (1) The legal owner is a motor vehicle dealer, bank, credit union, acceptance corporation, or other licensed financial institution legally operating in this state, or is another person, not the registered owner, holding a security interest in the vehicle.

      (2) The legal owner or the legal owner’s agent pays all towing and storage fees related to the impoundment of the vehicle. No lien sale processing fees shall be charged to a legal owner who redeems the vehicle on or before the 15th day of impoundment.

      (3) The legal owner or the legal owner’s agent presents foreclosure documents or an affidavit of repossession for the vehicle.

      (e) (1) The registered owner or his or her agent is responsible for all towing and storage charges related to the impoundment, and any administrative charges authorized under Section 22850.5.

      (2) Notwithstanding paragraph (1), if the person convicted of engaging in a motor vehicle speed contest was not authorized by the registered owner of the motor vehicle to operate the motor vehicle at the time of the commission of the offense, the court shall order the convicted person to reimburse the registered owner for any towing and storage charges related to the impoundment, and any administrative charges authorized under Section 22850.5 incurred by the registered owner to obtain possession of the vehicle, unless the court finds that the person convicted does not have the ability to pay all or part of those charges.

      (3) If the vehicle is a rental vehicle, the rental car agency may require the person to whom the vehicle was rented to pay all towing and storage charges related to the impoundment and any administrative charges authorized under Section 22850.5 that were incurred by the rental car agency in connection with obtaining possession of the vehicle.

      (4) The owner shall not be liable for any towing and storage charges related to the impoundment if acquittal or dismissal occurs.

      (5) The vehicle shall not be sold prior to the defendant’s conviction.

      (6) The impounding agency is responsible for the actual costs incurred by the towing agency as a result of the impoundment should the registered owner be absolved of liability for those charges pursuant to paragraph (3) of subdivision (c) of Section 23109.2. Notwithstanding this provision, nothing shall prohibit impounding agencies from making prior payment arrangements to satisfy this requirement.

      (f) Any period in which a vehicle is subjected to storage under this section shall be included as part of the period of impoundment ordered by the court under subdivision (h) of Section 23109.

      (g) This section shall become operative on January 1, 2007.”
      Be courteous to all, but intimate with few, and let those few be well tried before you give them your confidence!

      [George Washington (1732 - 1799)]

      Comment


      • #4
        I'm assuming that he has illegal modifications such as: full length headers, no cats, or other turbo/superchargers that aren't 50-State legal? Because there are many ways to make a car ridiculously fast AND comply with all of the CARB rules. Having an illegally modified car is big headache.
        "That's the problem with people like you, George. You want results but you never want to get your hands dirty." - Jack Bauer

        "Always bear in mind that your own resolution to succeed is more important than any other."
        - Abraham Lincoln

        Comment


        • #5
          What section(s) did they write him for, if they just wrote him for the speed and not actually racing or engaging in a speed contest then traffic school IS an option. If they cited him for the racing part then everything the HIGHWAY GOD stated above is correct and ignore my comment.

          Any other CVC questions SgtCHP is the man to ask.
          Originally Posted by VegasMetro
          maybe it’s me but I think a six pack and midget porn makes for good times?????

          Comment


          • #6
            SgtCHP question about your comprehensive posts. If the OP's "brother" did get a racing ticket why is it a maximum 30 days and what happened to the option t6 crush said vehicle???
            Not affiliated with my avatar. My opinions are all mine and do not represent anybody else. All names are fictional and coincidental if there is someone in the world with aforementioned name.

            Comment


            • #7
              Originally posted by natejpg View Post
              SgtCHP question about your comprehensive posts. If the OP's "brother" did get a racing ticket why is it a maximum 30 days and what happened to the option t6 crush said vehicle???
              I was not there, perhaps he was just a participant at a location where a street race was taking place and was not seen engaging in the act.
              Be courteous to all, but intimate with few, and let those few be well tried before you give them your confidence!

              [George Washington (1732 - 1799)]

              Comment


              • #8
                Originally posted by mtxpro752 View Post
                What section(s) did they write him for, if they just wrote him for the speed and not actually racing or engaging in a speed contest then traffic school IS an option. If they cited him for the racing part then everything the HIGHWAY GOD stated above is correct and ignore my comment.

                Any other CVC questions SgtCHP is the man to ask.

                Cheap shot, partner! No need for such an attitude.
                Be courteous to all, but intimate with few, and let those few be well tried before you give them your confidence!

                [George Washington (1732 - 1799)]

                Comment


                • #9
                  Originally posted by SgtCHP View Post
                  Cheap shot, partner! No need for such an attitude.
                  As a completely neutral person I took his comment about you as a compliment. For what ever that's worth.

                  I was sent to a beat where I was told about there being this terrible street racing problem and how there was nothing that could be done about it and that the racers were so organized that you couldn't catch them. So I see this caravan of supped up Hondas and head to the location where they race at. I park in the parking lot of a closed business and wait with a buddy of mine. After awhile I get impatient and figure they went elsewhere's. My buddy and I go to the street and are standing in full uniform, in plain view, as the racers finally show up. They drive past us and I figure "Oh snap we are so burned, I am an idiot." Then my buddy says "Hey, they are lining up anyway." All those clever, sneaky, punks drove right past two uniformed Police Officers on a well lit street, coming within ten feet of us and didn't even notice.

                  They start their racing and we grab the first two. Take their cars for 30 days issue all the cites we can think of, then get their club name. I tell them that from now on, every time I catch someone out here I will tell them that we warned their club we were onto them and would have officers here every time. That way when everybody gets their cars towed for 30 they will know to blame your club for not getting the word out. They never came back, the rest of the shift was boring as heck.
                  Originally posted by FJDave
                  GM, you have just set the bar that much higher for the rest of us in our witty, sarcastic responses. I yield to you! Good job, kind Sir!

                  District B13
                  "We are not cops nor Feds." yet he still poses as an officer Hmmmm


                  Grant us grace, fearlessly, to contend against evil and to make no peace with oppression.--WWII memorial

                  "I have loved justice and hated iniquity, therefore I die in exile."

                  Pope Gregory V II

                  Comment


                  • #10
                    Originally posted by natejpg View Post
                    SgtCHP question about your comprehensive posts. If the OP's "brother" did get a racing ticket why is it a maximum 30 days and what happened to the option t6 crush said vehicle???
                    The 'turn racecar into a Rubiks Cube' option is a city ordinance (LA City has one) and not a state law.....yet.....
                    The posts on this forum by this poster are of his personal opinion, and his personal opinion alone

                    "Politicians are like diapers. They need to be changed often and for the same reason"

                    "We fight not for glory; nor for wealth; nor honor, but only and alone we fight for freedom, which no good man surrenders but with his life"

                    Comment


                    • #11
                      As to the OPs' question about 'refusing to pop the hood'......he would be reminded ONCE, that he was mistaken that I was phrasing it as a REQUEST......refuse twice, and then he and his car get to go to jail.....after I look under the hood ANYWAY.......
                      The posts on this forum by this poster are of his personal opinion, and his personal opinion alone

                      "Politicians are like diapers. They need to be changed often and for the same reason"

                      "We fight not for glory; nor for wealth; nor honor, but only and alone we fight for freedom, which no good man surrenders but with his life"

                      Comment


                      • #12
                        Many police officers, including CHP, are going thru special training for street racers and the modified vehicles. I know....I have set up a couple of these classes. I can sum up the above posts, especially if the officer has gone thru that training....your friend is screwed. Period. He will need a second job to pay for his screw up. I hope he learns from this and stops street racing before he kills someone.

                        Comment


                        • #13
                          I had a question regarding:
                          "(b) A person shall not aid or abet in any motor vehicle speed contest on any highway."
                          Is this just a ticket that would go one ones driving record?

                          The reason I ask is that when I was 17 I received a ticket for aiding and abetting a street race(I was watching some with some friends). However, nobody that received a ticket that night ever heard anything about it after that night.

                          Comment


                          • #14
                            Doesn't the fouth Amendment only allow LE to view anything in plain view only, anything else they need a warrant and it will include probable cause for the search. RIGHT??? What will be the probable cause for searching under the hood?
                            LOS ANGELES COUNTY PROBATION

                            Comment


                            • #15
                              they don't need a warrant to check your car

                              Comment

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