Street Racing Ticket

[Scruit]

No, I didn't get one - just a question about them...

Does your jurisdiction ticket the spectators of 'organized' street races, and what is the exact charge filed?

[CA Fuzz]

Exhibition of speed is the first thing that comes to mind. OK, so your car will be confiscated for 30 days. Other charges may follow depending on the severity of the crime.

[Scruit]

How can a spectator be charged with exhibition of speed? :confused:

I'm asking about the charges filed against the spectators, not the drivers... ;)

[CA Fuzz]

so sorry....

No - not normally. Perhaps unlawful assembly if ordered to leave and they fail to do so.

[gabe a.]

Yep, spectators get cited in Colorado. Go to www.cosr.com (colorado street racing) there is about a dozen kids on there that have gotten it. 12 points and a 3 month license suspencion IIRC.

[Lawson]

From the street racing stings Ive seen, The police would send in a marked unit, then as everyone tried to drive off [thusly they are in control of the vehicle while in motion] Multiple officers would block off all the exits, and then cites would be handed out for modification violations [ie. the headlights being too low, etc.. ]

[Somebody]

I know CA has a law against watching street races as well, so it just depends on where you live.

[Drew27k9]

In Philadelphia street racing is real big on Friday and Saturday nights. I know when the Philly guys go down and shut the streets down, they cite the racers and the people parked along the side of the roads watching the races.

3367. Racing on highways.
(b) General rule.--No person shall drive a vehicle on a highway in any race, speed competition or contest, drag race or acceleration contest, test of physical endurance, exhibition of speed or acceleration, or for the purpose of making a speed record, and no person shall in any manner participate in any such race, competition, contest, test or exhibition

[DeputyMadMax]

Same here,

It's the same fine for racing as assisting them. Could you stretch this to just spectator? Doubt it, but I threaten them anyway.

41-6-51. Speed contest or exhibition on highway -- Barricade or obstruction.

(1) A person may not engage in any motor vehicle speed contest or exhibition of speed on a highway or aid or abet in any motor vehicle speed contest or exhibition on any highway.
(2) A person may not, for the purpose of facilitating or aiding or as an incident to any motor vehicle speed contest 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.

[P01IC3M4N]

spectator at a race. class B misdemeanor. 6 months in jail and a $2000 fine.

[121Traffic]

Yep, spectators get cited in Colorado. Go to www.cosr.com (colorado street racing) there is about a dozen kids on there that have gotten it. 12 points and a 3 month license suspencion IIRC.

RIght on Gabe...Complicity is a BEAUTIFUL thing in our state.

42-4-1105. Speed contests.
Statute text
(1) No person shall engage in any motor vehicle speed or acceleration contest or exhibition of speed or acceleration on a highway, and no person shall aid or abet in any such motor vehicle speed or acceleration contest or exhibition on any highway.

(2) No person shall, for the purpose of facilitating or aiding or as an incident to any motor vehicle speed or acceleration contest upon a highway, in any manner obstruct or place any barricade or obstruction or assist or participate in placing any such barricade or obstruction upon any highway.

(3) Any person who violates any provision of this section commits a class 2 misdemeanor traffic offense.

Translation: You were there, you watched, therefore abetted, you are guilty of participation in a speed contest.

[Scruit]

If I watch a bank being robbed - am I guily of participation?

[gabe a.]

If I watch a bank being robbed - am I guily of participation?

The difference is your willingness to be there... both place you at great danger, I've heard of these cars going out of control and into the spectators. Just as great of a risk as witnessing a robbery.

[121Traffic]

If I watch a bank being robbed - am I guily of participation?

That is not the statute's intent or meaning. It says "aid or abet".

Using your own example, if you were to know that a bank was being robbed, didn't inform the authorities, and came up to the teller window to watch the "action" because you have a love for bank robbers, AND you had a clear ability to get to a phone and call authorites, YES you would be guilty of the principal robbery by Complicity.

18-1-603. Complicity.
Statute text
A person is legally accountable as principal for the behavior of another constituting a criminal offense if, with the intent to promote or facilitate the commission of the offense, he or she aids, abets, advises, or encourages the other person in planning or committing the offense.

[Scruit]

The problem I have is if I am there just watching, not cheerings or serving as starter or helping block off the street etc... I am neither promoting, facilitating, aiding, abetting (to approve, encourage and support), advising or encouraging the other person in driving fast. I am just standing there watching. Therefore I don't interpret the text of 18-1-603 as making ME guilty of complicity. Unless you argue that watching without intervening is 'encouragement'.

Also, define Support. Is that like supporting a sports team where you want your team to win? Or it is more involved, such as supporting a child, where you provide support by way of giving your time, money and actual physical intervention in pusuit of the wellbeing and success of that child? In the definition of Abetting does 'Support' mean you want the races to continue therefore you are guilty (and you are therefore being charged with having an opinion, and you can be geuilty even if not present that night but you 'support' the concept of street racing) Or does it mean providing logistical support such as communcation, organization, standing there are cheering then on (encouragement).


I know of reports where people have been given 'spectator' tickets because they just happened to be in the area where a street race took place. one guy was leaving his shift at a Walmart and the race was taking place behind the walmart. They blocked off the parking lot and ticketed everyone under 20. Even though he was able to show the officer that his shift ended *after* the racing was stopped, he still got the ticket and lost his license for 3 months and was fined a few hundred bucks... The problem with the "everyone under 20" approach is that it's clearly discrimination - they were letting adult staff and customers leave but ticketing everyone under 20.

(I'm 29 and don't even know of any street races in this area - so I'm not defending myself or something I do, just trying to understand the legal mechanism of convicting a person of a crime when all they are doing is standing there.)