Vehicular crimes include serious criminal traffic offenses like reckless driving, engaging in a speed contest or street racing, and other activities that the police believe endanger the general public, and crimes such as vehicular manslaughter.
Vehicular Crimes Defense Attorney in San Diego, CA
If you’ve been involved in a serious accident, or have been arrested following an accident or traffic stop, do not provide a statement to the police. Tell them that you want to speak to your lawyer, and contact The Law Offices of Michael E. Cindrich.
Attorney Michael Cindrich has decades of experience in criminal court. He has protected clients accused of every manner of crime, and is ready to build your case against Drug Trafficking. The Law Offices of Michael E. Cindrich serve San Diego County, including the cities of Chula Vista, Oceanside, Escondido, Carlsbad, El Cajon and San Diego proper.
Contact the Law Offices of Michael E. Cindrich today for a free, confidential consultation at (619) 262-2500.
Overview of Vehicular Crimes in California
- Types of Criminal Traffic Offenses and Vehicular Crimes
- Felony vs. Misdemeanor Traffic Crimes
- Penalties for Racing or Speed Contest Offenses in California
- Court Order to Impound a Vehicle for Racing
Types of Criminal Traffic Offenses and Vehicular Crimes
Reckless Driving Causing Serious Injuries – A person convicted of reckless driving that proximately causes one or more serious injuries, as specified, to a person other than the driver, shall be guilty of a felony, punishable by imprisonment in the county jail, or guilty of a misdemeanor, punishable 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 $220 nor more than one thousand dollars $1,000, or by both that fine and imprisonment as provided in Veh. Code, § 23105, subd. (a).
Reckless Driving Causing Great Bodily Injury – Whenever reckless driving of a vehicle proximately causes bodily injury to a person other than the driver, the person driving the vehicle shall be guilty of a misdemeanor and punished by imprisonment in the county jail for not less than 30 days nor more than six months or by a fine of not less than $220 nor more than $1,000, or by both the fine and imprisonment as provided in Veh. Code, §, 23104, subd. (a).
Reckless Driving Causing Great Bodily Injury with a Prior – A person convicted of reckless driving that proximately causes great bodily injury, as defined, to a person other than the driver, who previously has been convicted of a specified violation of reckless driving or driving under the influence, shall be guilty of a felony punished by imprisonment county jail up to three years, or guilty of a misdemeanor and punished by imprisonment in the county jail for not less than 30 days nor more than six months or by a fine of not less than two $220 nor more than $1,000 or by both the fine and imprisonment as provided in Veh. Code, §, 23104, subd. (b).
Racing or Speed Contest on a Highway – A person is prohibited from engaging in a motor vehicle speed contest on a highway as provided in Veh. Code, § 23109, subd. (a). Additionally, California law prohibits a person from aiding or abetting another in any motor vehicle speed contest as provided by Veh. Code, § 23109, subd. (b).
Exhibition of Speed on a Highway – California law makes it a crime to 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. See Veh. Code, § 23109, subd. (c).
Aids or Abets a Motor Vehicle Speed Contest / Placing a Barricade for Racing – California law prohibits in any manner the obstruction or placing of a barricade or obstruction or assist or participate in placing a barricade or obstruction upon any highway for the purpose of facilitating or aiding or as an incident to any motor vehicle speed contest or exhibition upon a highway, (Veh. Code, § 23109, subd. (d).bstruct or place a barricade or obstruction or assist or participate in placing a barricade or obstruction upon any highway for the purpose of facilitating or aiding or as an incident to any motor vehicle speed contest or exhibition upon a highway, (Veh. Code, § 23109, subd. (d).
Felony vs. Misdemeanor Crimes
In California, crimes are listed in various code categories. Although many criminal offenses are found in the penal codes, when a crime is committed in a motor vehicle, involves driving an automobile, or is related to a driver’s license, the crime is listed in California’s vehicle code.
Under California law, many of the vehicle code sections are charged as a felony or misdemeanor including:
- Vehicle Code 20 VC – False Statements to the DMV or CHP
- Vehicle Code 31 – Providing False Information to a Peace or Police Officer
- Vehicle Code 2800.1 – Evading a Peace or Police Officer
- Vehicle Code 2800.2 – Felony Reckless Evading
- Vehicle Code 2800.3 – Evading an Officer Causing Injury or Death
- Vehicle Code 2800.4 – Evading an Officer by Driving in Opposite Direction of Traffic
- Vehicle Code 12500 – Driving without a License
- Vehicle Code 14601 (a) – Driving on a Suspended License
- Vehicle Code 14601.2 – Driving on a License Suspended Because of DUI
- Vehicle Code 14601.3 – Habitual Traffic Offenders
- Vehicle Code 14601.4 – Driving on a Suspended License Causing Injury
- Vehicle Code 14601.5 – Driving on a License Suspended from DUI Refusal or Excess BAC
- Vehicle Code 14610 – Unlawful Use of a Drivers License
- Vehicle Code 20001 (a) – Felony Hit & Run
- Vehicle Code 20002 (a) – Misdemeanor Hit & Run
- Vehicle Code 21200.5 – Cycling Under the Influence
- Vehicle Code 23103 – Reckless Driving
- Vehicle Code 23109(a) – Engaging in a Speed Contest
- Vehicle Code 23110 – Throwing Objects at a Motor Vehicle
- Vehicle Code 23136 – Underage DUI
- Vehicle Code 23140 – Under 21 DUI
- Vehicle Code 23152 (a) – Driving Under the Influence (DUI)
- Vehicle Code 23152 (b) – Driving with a BAC of 0.08% or greater
- Vehicle Code 23152 (c) – Driving While Addicted to a Drug
- Vehicle Code 23152 (d) – DUI & Commercial Drivers License
- Vehicle Code 23152 (e) – DUI by Taxi, Limo or Ride-Sharing Drivers
- Vehicle Code 23152 (f) – Driving Under the Influence of Drugs
- Vehicle Code 23153 – DUI with Injury
- Vehicle Code 23221 – Drinking Alcohol in a Motor Vehicle
- Vehicle Code 23222(b) – Possession of Marijuana While Driving
- Vehicle Code 23224 – Possession of Alcohol in a Motor Vehicle by a Person Under 21
- Vehicle Code 23572 – DUI & Minor Passenger Under 14
- Vehicle Code 23573 & 23575 – Ignition Interlock Devices
Penalties for Speed Contest or Racing in California
The penalties for motor vehicle speed contest crimes are 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 $355 nor more than $1,000; or
- by both that fine and imprisonment; and
- a condition of performing 40 hours of community service.
The court may, but is not required to, order the privilege to operate a motor vehicle suspended for 90 days to six months as provided in Veh. Code, § 23109, subd. (e)(1).
Enhanced penalties can be imposed for:
- Speed Contest Causing Bodily Injury – The penalties are enhanced if a person is convicted of a motor vehicle speed contest and that violation proximately causes bodily injury to a person other than the driver. In those cases, 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 $500 nor more $1,000, or by both.
- Second within five – If a person is convicted of a motor vehicle speed contest for an offense that occurred within five years of the date of a prior offense that resulted in a conviction of a violation of motor vehicle speed contest, 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 $500 nor more than one thousand dollars $1,000 as provided in Veh. Code, § 23109, subd. (f)(1).
- Second within five causing bodily injury – If the most recent offense within the five-year period 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 $1,000 as provided in Veh. Code, § 23109, subd. (f)(2).
- Second within five causing serious bodily injury – If the most recent offense within the five-year period proximately causes serious bodily injury, as specified, 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 $500 nor more than $1,000 as provided in Veh. Code, § 23109, subd. (f)(3).
Additionally, if any person is convicted of a second offense within five years, the court shall order the privilege to operate a motor vehicle of the person suspended for a period of six months, as specified by Veh. Code, § 23109, subd. (f)(4).
Court Order to Impound a Vehicle for Racing
If a person is convicted of a motor vehicle speed contest 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 as provided in Veh. Code, § 23109, subd. (h).
Whenever a peace officer determines that a person was engaged in a motor vehicle speed contest, reckless driving, or exhibition of speed, the peace officer may immediately arrest and take into custody that person and may impound the vehicle. A motor vehicle so seized may be impounded for up to 30 days as provided in Veh. Code, §23109.2.
Hire a Vehicular Crimes Defense Lawyer in San Diego, CA
Driving can be part of your everyday life, and under California law, many motor vehicle codes are charged as a felony or a misdemeanor. Being charged with a vehicle code violation can lead to points being deducted from your California DMV driving record, which can eventually impact your insurance. Having multiple deductions in a short period of time can have its consequences, such as your license being suspended. If you would like to contest a ticket and have been charged with any vehicle code violations, it is essential to have an experienced attorney.
Attorney Michael Cindrich has decades of experience in criminal court. He has protected clients accused of every manner of crime, and is ready to build your vehicle crimes case. The Law Offices of Michael E. Cindrich serve San Diego County, including the cities of Chula Vista, Oceanside, Escondido, Carlsbad, El Cajon and San Diego proper.
Contact the Law Offices of Michael E. Cindrich today for a free, confidential consultation at (619) 262-2500.