In California, street racing charges are governed by several different sections of the Penal Code and Vehicle Code. Most commonly, prosecutors charge it under Vehicle Code section 23109, Exhibition of Speed. Section 23103, Reckless Driving, also applies. We have had success in getting these charges dismissed in several cases.
Penalties for Street Racing in California
Drivers face penalties of up to 90 days in county jail, fines up to $1,000 plus penalties & assessments, vehicle impound, and a license suspension. For repeat offenders, these penalties increase.
Street racing is incredibly dangerous, and sometimes leads to loss of life. If someone is killed as a result of street racing, the driver(s) can face homicide charges with long prison sentences.
Strategies for Getting Cases Dismissed
When we have a client charged with street racing, we take several immediate steps to set the case up for success. First, we put together a great mitigation packet, so that we can show the court and prosecutor that this is anomalous behavior. We often refer clients to the Street Racing Kills program, for education about the dangers. This helps show prosecutors and the court that our client is learning from the experience.
Next, we’ll get the police reports and body camera footage and evaluate whether there are weaknesses in the case. With a combination of mitigation and evidence review, we can often negotiate a diversion in California street racing cases.
Diversion means that the client completes some terms and then the judge dismisses the case. The terms of diversion include: (1) Obey all laws; (2) Community service; and (3) Education. This is the most common path to get the case dismissed.
The case may also qualify for mental health diversion, military/veterans diversion, or other programs. If all else fails, we can answer ready for trial and see if the government can prove its case. The government has the burden of proving each element of the charges beyond a reasonable doubt. In a jury trial, all twelve jurors must agree that the defendant is guilty, or else there is no conviction.
Street Racing Attorney Can Help
We have handled dozens of cases with 23109, 23103, and related charges throughout Los Angeles County, Orange County, and beyond. We have a strong history of getting judges to dismiss these cases through a proven strategy. If you or a loved one are arrested in California, call us right away at 323-529-3660!
