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Old August 27th, 2002, 03:44 PM   #1
Calvin Cheng
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Speed exhibition

A coworker of a friend of mine got that ticket apparently for something stupid like doing donuts in the parking lot. So what's the best way for him to handle this?
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Old August 27th, 2002, 04:14 PM   #2
Tool Pants
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Vehicle Code 23109 - exhibition of speed

a misdemeanor, not an infraction. 2 points, not 1.

Have your friend call Dave.
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Old August 27th, 2002, 08:20 PM   #3
Boxster Ben
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Key phrase...doing something stupid!!!

Hey Calvin...if there was no one around in that parking lot your buddy might have a prayer of getting that cite kicked...but if the cop comes into court and testifies that a nun was crossing the street...or the little league team was just about to come out of the ice creame parlor...then all the fancy shmancy lawyers in the world aren't going to help your pal...he's toast!!! Can you say, "Big insurance increase!! Good luck...Ben.
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Old August 27th, 2002, 10:12 PM   #4
Loren
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Vehicle Code 23109 - detail (long)

23109. (a) No person shall engage in any 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) No person shall aid or abet in any motor vehicle speed contest
on any highway.

(c) No person shall engage in any motor vehicle exhibition of
speed on a highway, and no person shall aid or abet in any motor
vehicle exhibition of speed on any highway.

(d) No person shall 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 any barricade or
obstruction or assist or participate in placing any barricade or
obstruction upon any highway.

(e) Any person convicted of a violation of subdivision (a) shall
be punished by imprisonment in the 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 both that fine and imprisonment. The person's privilege
to operate a motor vehicle shall be subject to suspension as provided
in 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.

(f) Any person convicted of a violation of subdivision (a) for an
offense which occurred within five years of the date of a prior
offense which resulted in a conviction of a violation of subdivision
(a) shall be punished by imprisonment in the 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). Additionally, the Department of Motor Vehicles shall
either suspend the person's privilege to operate a motor vehicle, as
provided in subdivision (a) of Section 13352, or the person's
privilege to operate a motor vehicle shall 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. This subdivision does not interfere
with the court's power to grant probation in a suitable case.

(g) If the court grants probation to any person punishable under
subdivision (f), in addition to the provisions of 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 the county jail for not less than 48
hours nor more than six months. The person's privilege to operate a
motor vehicle shall also be suspended by the Department of Motor
Vehicles pursuant to subdivision (a) of Section 13352 or shall be
restricted pursuant to subdivision (f).

(h) If any 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) Any person who violates subdivision (b), (c), or (d) of this
section shall upon conviction thereof be punished by imprisonment in
the county jail for not more than 90 days or by 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 any license subsequently issued
by the Department of Motor Vehicles to that person during the period
of the restriction.

(k) The court may order that any person convicted under this
section, who is to be punished by imprisonment in the 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.

23109.2. (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.

23109.5. (a) In any case charging a violation of subdivision (a) of
Section 23109 and where the offense occurs within five years of one
or more prior offenses which resulted in conviction of violation of
subdivision (a) of Section 23109, the court shall not strike any
prior conviction of those offenses for purposes of sentencing in
order to avoid imposing, as part of the sentence or term of
probation, the minimum time of imprisonment, as provided in
subdivision (f) of Section 23109, or for purposes of avoiding
revocation, suspension, or restriction of the privilege to operate a
motor vehicle, as provided in Section 13352 or 23109.

(b) In any case charging a violation of subdivision (a) of Section
23109, the court shall obtain a copy of the driving record of the
person charged from the Department of Motor Vehicles and may obtain
any records from the Department of Justice or any other source to
determine if one or more prior convictions of the person for
violation of subdivision (a) of Section 23109 have occurred within
five years of the charged offense.
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Old August 28th, 2002, 10:02 AM   #5
Calvin Cheng
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Re: Key phrase...doing something stupid!!!

I don't know the guy and I don't know what exactly he did. He works at Palm, and they just moved premises, so I figure he was testing out the new car park or just stressed out by the move or Palm's stock price... and in broad daylight, when the cop happened to be around. I hear the cop took a few pictures of the tire marks and appeared pissed off. Hopefully that guy is calling Dave and and figuring out his options.
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Old August 28th, 2002, 10:08 AM   #6
Boxster Ben
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Honest officer, I was heat cycling my tires....

before my next track event!!!
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Old August 28th, 2002, 12:10 PM   #7
Stevec
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Was it a private parking lot?

Noticed the beginging of the statue quotes public highway, meaning public roadway.

Now if I was doing that on private property then I dont believe I could be ticketed for exhibition of speed on my own land could I?

It's the little things you have to look for. IMHO I'd show for the court date and hope the office missed, be sure to call for him with an emergency before you enter the court room so he'll be out LOL

Actually you might want to get an attorney friend to read the statue and get the status on the lot. While it may be for the parking of the employees of the building it still may be a private lot.
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Old August 28th, 2002, 12:59 PM   #8
Boxster Ben
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It may still apply on private property...

Reckless driving and exhibition of speed can apply, in some instances, to private property parking lots. Where you generally see this occurring is in the large mall-type lots, usually open to the public. The area, however, must have been designated by the city to allow vehicle code enforcement and must be signed at all entrances to the lot...better call 1-800-help-me-quick!!! In all seriousness, Jeff is right...a good attorney familiar with traffic law may be able to get the misdemeanor reduced to an infraction...Ben in P-town.
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