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Old 12-16-2002, 03:33 AM   #1
Stranger
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Member#: 728
Join Date: Jan 2000
Location: SF, CA
Vehicle:
2000 2.5RS-T Stage2
Silver

Default 23109 (a) VC - Speed Contest

I got a ticket like that last night down is San Jose
Speed Approx 60
Posted speed 50

Could someone explain it to me?
Any recomendation?


Thanx
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Old 12-16-2002, 03:44 AM   #2
avtwrx
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Member#: 25134
Join Date: Sep 2002
Location: fremont
Vehicle:
02 wrxxx
midnight black

Default vehicle code

here is what the california vehicle code says:


Speed Contests



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.
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Old 12-16-2002, 03:49 AM   #3
Steppin Razor
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Member#: 24035
Join Date: Sep 2002
Chapter/Region: BAIC
Location: San Francisco
Vehicle:
2002 GGA 5MT
Seal Gray

Default

Uhhh, I would fight that if I were you. Check out www.ticketassassin.com .

Sounds pretty borderline. Who were you racing?
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Old 12-16-2002, 05:51 AM   #4
jbfoco
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Member#: 20836
Join Date: Jul 2002
Location: Bay Area-Novato
Vehicle:
02 WRX
Silver

Default

I got one of these tickets when i was 16. This is how it played out.

Speed contest is a 2 point violation on your dmv record,

I was a minor so i got a $500 fine and that was it!

but....

The other guy i was racing was 19 and he was charged as an adult, he got a $1,000 fine, 3 month suspended drivers, and a night in county jail. He fought the ticket on the base of such a harsh sentence and he got the 24 hour in county jail removed.

This ticket is no fun, my insurance sky-rocketed i pay around $1,200 every six months and this happened three years ago.

I would say try to fight it or get a sence of how tough San Jose is on these types of violations, i was in marin and thankfully it happend before all the "fast and the Furious" street racing hype. So i wasnt an example, just another violation i am sure things are different these days.

Good luck!!

And if all fails blame the other guy..... He was following you (assuming you were winning the race, i am sure u drive a wrx right?) .....and you were scared, because you are not from San Jose and you felt threatened in a bad neighborhood i was just trying to protect my girlfriend who was with me.....yata yata yata what ever will cover your ass!
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Old 12-16-2002, 06:04 AM   #5
Stranger
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Member#: 728
Join Date: Jan 2000
Location: SF, CA
Vehicle:
2000 2.5RS-T Stage2
Silver

Default

&(*^&(**&^%&^
23109 (a) VC - SPEED CONTEST, engage in $972.00 minimal fine
and 2 points


I will post all the info once I get everything cleared out. sorry.
another person that get the same ticket is a friend of mine.

Quote:
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.

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 contest in accordance with Chapter 10 (commencing with
Section 22650). A motor vehicle so seized may be impounded for not
more than 30 days.

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.
Can anyone recomend a lawer that deals with such things?
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Old 12-16-2002, 04:56 PM   #6
ranger
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Member#: 20905
Join Date: Jul 2002
Location: Fairfax
Vehicle:
2002 WRX Wagon
Blue

Default Fight it!!

Can't reccomend a lawyer, but you do NOT want that on your record. That is a red flag to anybody that looks at your record. The cost of the ticket is nothing compared to your insurance costs for the next few years if that ticket gets on your record.
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