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On 5/18 at approximately 8:10 AM, police officers observed a vehicle racing three others eastbound on Pacific Coast Highway East near Shake Shack, according to the Newport Beach Police Department.
LIDAR confirmed the vehicle was traveling at 108 MPH.
The driver was arrested and charged with:
* 23109(a) CVC – Engaging in a speed contest (street racing)
* 23103(a) CVC – Reckless driving
* 22348(a) CVC – Exceeding 100 MPH
Additionally, the driver was served a priority DMV reexamination, and the vehicle was impounded for 30 days due to involvement in a speed contest.
Street racing endangers everyone on the road. This isn’t just reckless, it’s criminal.
The arrested driver now faces significant penalties for each offense, and these penalties can accumulate. Additionally, the priority DMV reexamination and 30-day vehicle impoundment are immediate consequences.
Here’s a breakdown of the potential penalties for each charge:
1. CVC 23109(a) – Engaging in a speed contest (street racing)
This is a misdemeanor offense.
- Jail Time: Between 24 hours and 90 days in county jail.
- Fines: Between $355 and $1,000.
- Community Service: Mandatory 40 hours.
- Driver’s License Suspension: Possible suspension of driving privileges for 90 days to six months. (The driver may be eligible for a restricted license for work-related travel).
- Vehicle Impoundment: As already served, the vehicle is impounded for 30 days.
- Points on Driving Record: 2 points.
- Increased Penalties: If the speed contest caused bodily injury to another person, the jail time increases to a minimum of 30 days and up to six months. If serious bodily injury occurs, it can be charged as a “wobbler” (misdemeanor or felony), with potential state prison time and higher fines.
2. CVC 23103(a) – Reckless driving
This is also a misdemeanor offense.
- Jail Time: Between 5 and 90 days in county jail.
- Fines: Between $145 and $1,000.
- Points on Driving Record: 2 points.
- Probation: Judges often impose 1-5 years of probation as an alternative to jail time.
- Increased Penalties: If the reckless driving caused injury to someone, the penalties increase. For minor injuries, it’s still a misdemeanor but can carry up to one year in jail. If serious bodily injury occurs, it becomes a “wobbler” (misdemeanor or felony), with potential state prison time (up to 3 years) and fines up to $10,000.
3. CVC 22348(a) – Exceeding 100 MPH
This is an infraction, but with more severe penalties than a typical speeding ticket.
- Fines:
- First offense: Up to $500.
- Second offense within three years: Up to $750.
- Third offense within five years: Up to $1,000.
- Note: These are base fines; total fines with fees and penalty assessments can be much higher.
- Driver’s License Suspension:
- First offense: Up to 30 days.
- Second offense within three years: Up to six months.
- Third offense within five years: Up to one year.
- Points on Driving Record: 2 points.
- Mandatory Court Appearance: Required.
- Traffic School: Generally not eligible for traffic school to mask points.
Overall Potential Consequences:
- Significant Fines: The driver will face substantial fines from all three charges, which can quickly add up.
- Jail Time: Given the combination of misdemeanor charges, the driver faces the possibility of county jail time. The specific duration will depend on the judge’s discretion and whether the sentences are imposed concurrently or consecutively.
- Driver’s License Suspension/Restriction: The combined effect of these violations, especially the 100 MPH and speed contest charges, makes a driver’s license suspension highly likely, potentially for an extended period. The DMV reexamination initiated is an independent review that could also lead to suspension or revocation of driving privileges based on being deemed a “negligent operator” (e.g., accumulating 4 points in 12 months, 6 points in 24 months, or 8 points in 36 months).
- Community Service: Mandatory community service hours from the speed contest charge.
- Criminal Record: Convictions for engaging in a speed contest and reckless driving will result in a criminal record, which can have long-term implications for employment, housing, and other aspects of life.
- Increased Insurance Rates: Accumulating multiple points on the driving record will almost certainly lead to a dramatic increase in car insurance premiums for several years, or even cancellation of the policy.
- Vehicle Impoundment: The 30-day vehicle impoundment has already been served, incurring towing and storage fees.
The exact penalties will be determined by the court, taking into account the specifics of the incident, the driver’s prior driving record, and any mitigating or aggravating circumstances.
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