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If someone did this to your car...


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Is street racing / dangerous driving / lack of undue care and control of your vehicle or speeding a felony? (I don't know) or is it just a misdemeanor fine?

I know here in San Diego street racing is a serious offense,they dont just write tickets they impound your vehicle and you dont get it back for quite some time.This is because of some recent teenage fatalities that happened during a street race.

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Is street racing / dangerous driving / lack of undue care and control of your vehicle or speeding a felony? (I don't know) or is it just a misdemeanor fine?

Street racing:yes,no,maybe.Depends on the jurisdiction.

lack of undue care and control of your vehicle or speeding* a felony: all by themselves?No. They are infractions. Now if there is an accident/property damage or injury,this changes things.But as to how you asked the question,the answer is no.

 

 

 

 

*now if you are caught doing 130 on a 70 MPH road as opposed to 3mph over,then things change also.

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I know here in San Diego street racing is a serious offense,they dont just write tickets they impound your vehicle and you dont get it back for quite some time.This is because of some recent teenage fatalities that happened during a street race.

That is also a violation of your constitutional rights,but you're in the Peoples Republik of Kalifornia-they do shit like that and they also arrest you for drinking beer on your front porch-but I digress.

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In-correct.Location means nothing.Citizens can only make an arrest for a felony.A cop can NOT make an arrest for a misdemeanor he didn't witness.Traffic infractions are just that INFRACTIONS.They rank even lower than a misdemeanor.

 

John510 has it correct.In fact,I would arrest the rock thrower for

 

ADW-Assault with a deadly weapon

Malicious vandalism

Impeding the flow off traffic

and then probably throw in jay walking just to piss him off.

 

Mike-that was my point.There was no felony committed.

 

If someone tried to "arrest" me for anyting in a car,I'd have them at gun point before they could shit themselves.

 

 

I know here in San Diego street racing is a serious offense,they dont just write tickets they impound your vehicle and you dont get it back for quite some time.This is because of some recent teenage fatalities that happened during a street race.

 

"too late now"

 

I was referring  to the guy who threw the rock, his case is done 

and yes the guy in the Lambo could go after him.

 

Would I ever try to make a citizens arrest? FUCK NO

Do people do it FUCK YES? and that applys too  "A Public Offense"  /  felony, misdemeanor or infraction

 

do they prevail SOMETIMES, but with video proof he might stand a better chance.

 

They both should be locked up for mental illness

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They have probably changed a lot but back in my day of drag racing they would pin one of three things on me. Conducting a speed contest, careless driving or reckless endangerment. They normally hit me with reckless (which is take your finger prints major) and then reduce it to careless. I have also gotten conducting a speed contest....for a burn out, by myself...still not sure how that is a contest, but whatever.

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That is also a violation of your constitutional rights,but you're in the Peoples Republik of Kalifornia-they do shit like that and they also arrest you for drinking beer on your front porch-but I digress.

Can you show us where in the constitution it says we have a right to drive and endanger others ? i always thought it was a privilege to be able to drive a car.What does being in California have to do with it ?  your'e misinformed about the beer thing,we are allowed to drink on our front porch.Jesus constitutiomal rights ? Do you know who Joe Arpaio is ?

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but as to this video, not enough story, how many passes did the guy make? how fast was he actually going? was he just driving through the one time and happen to live in the area so the guy with the rocks was waiting for him to come home? is the guy with the rocks a schizo and off his meds that day? no back story, no follow through, not enough info to really make a judgement on what's going on and reasoning for either party.

 

The fact that there was someone there recording the whole thing to me suggests that it wasn't his first time, whether that day or another day. The person who recorded it was either involved or started recording because either the same car or other cars had been racing down the road before that.

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"If you have the urge to be a dick be careful where you do it."

 

Again if driving like a dick (we are all capable of it and often are) don't get caught, don't get filmed and don't get rocks thrown at you. If you aren't smart enough to avoid it then think of these as a dick tax.

 

 

 

 

"And, he "just happened" to have a rock in his hand! Sure, I always take my pet rock with me when I go for a walk."

 

Clearly there was more to this. Enough for someone to go get a camera or cel phone out and a rock. The driver was probably ripping around for a while.

 

 

 

"while I agree....I've seen parents flip out worse than that over someone doing 20 mph in their neighborhood.  and from the looks of things, the lambo is on a main street, neighborhoods on the side(if your kids are playing next to a 6 lane road, theres more problems than people speeding imo)  and the guy goes off about street racing, but theres only one car.  so while part of me thinks the guy in the lambo was being an asshat, another part of me thinks that the guy tossin rocks was an overprotective, overbearing parent that thinks their child needs to go to the hospital every time the kid sneezes.  if the first is true, dude shoulda thrown more rocks. if the second is true, I would have pulled off to the side, gotten out, called the cops, followed him home when he ran cause he most likely would have, and pressed charges for attempted assault with a deadly weapon, and taken him to small claims for repairs. as dumb as that may sound, you can pull it off with a good lawyer, and I have good lawyers in the family. i'd rather send his ass to jail for a few years, than go there myself."

 

Street racing implies a competition of acceleration and speed. The only difference here is there is only one car.  Does this make it twice as safe? half wrong? Street racing (wrong) = rock thrown at car (wrong) = even.

and as I said, I agree....but dude didn't look like he was going that fast, and quite honestly there are places around where I live that are more "residential" than that street, and have a 45mph limit.  he's driving a car with an aggressive sound and look, which makes it seem like he's going much faster than he is if you're already paranoid about that.  so either he really was racing at one point...or as was pointed out with the break in the film, he went by once and(to put themselves in a better light) the guy cussing him out from the sidewalk was edited out. he flipped a bitch at his next chance, came back, flipped again, and it restarted where the break is at. if you look closely, you can see the guy in the passenger seat with a grin waving at the guys when they came by at the end.  I've been known to cruise back by pedestrians that yell at me for them being stupid with a sarcastic ass grin and wave, did the same thing to a guy that almost ran me off the road when he realized i'd caught up and he was now stuck in traffic 10 miles later.  however, my statement still stands that if he actually was racing, dude shoulda thrown more rocks.

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Can you show us where in the constitution it says we have a right to drive and endanger others ? i always thought it was a privilege to be able to drive a car.What does being in California have to do with it ?  your'e misinformed about the beer thing,we are allowed to drink on our front porch.Jesus constitutiomal rights ? Do you know who Joe Arpaio is ?

Son of a Bitch.No you don't have a right to drive and endanger others.But you do have a right to DUE PROCESS BEFORE your property is taken.

 

As to the beer thing:

http://articles.latimes.com/1996-11-27/news/mn-3447_1_huntington-beach

 

Arpaio?Sheriff Joe is God.He should be fucking President.

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Because that's how your post comes across...

 

Someone made a statement that street racers get arrested and their cars impounded. You countered with it's a violation of your constitutional rights in a slanderous name for California.

 

How can you not interpret your post as you don't agree with the measures being taken against racers?

 

Due process has nothing to do with stuff being impounded. A violation of due process would be to come in and take your stuff without warning and never give it back. If you can prove it wasn't you racing then you're more than welcome to get your car out of impound. Impound and seizure are different.

 

Seizure you never get your stuff back.

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You can't be fucking serious.No where did I condone street racing.The FACT remains that having your property CONFISCATED before your trial(due process) is in FACT a violation of the Constitution. THis is NOT even a debatable point.

 

Slanderous name?I lived there for twenty years, I'll call it what I want and what it is.

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Because that's how your post comes across...

 

Someone made a statement that street racers get arrested and their cars impounded. You countered with it's a violation of your constitutional rights in a slanderous name for California.

 

How can you not interpret your post as you don't agree with the measures being taken against racers?

 

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  1.  
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    Thomas J. Wagner
    Criminal Defense Attorney - West Chester, PA
     
    Contributor Level 19
    1

    Lawyer agrees

    Answered 

    a day agoThe concept of being innocent until proven guilty has no relevance to the issue of whether a police officer can impound a vehicle. Impounding a vehicle is a seizure which can be based upon probable cause that the vehicle is evidence or contains evidence, that the vehicle was used in furtherance of a crime or criminal activity. There are many reasons a police officer can impound a vehicle. including the fact that it is blocking traffic or is parked in a place where it poses a danger to other traffic or parked illegally in a tow away zone.
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OLD WAGNER DOESN"T SEEM TO THINK SO

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Z-train,why are you reading the LA times ? that article shows we can drink on our front porch,thank you.You have to know about Arpaio and his way of violating certain rights(according to our constitution)You cant have it both ways.And just so you know i am a fan of Arpaio and his hardass stance on crime.Although his tent city and pink underwear is a little bit out there.

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...upon probable cause that the vehicle is evidence or contains evidence, that the vehicle was used in furtherance of a crime or criminal activity.
 

so with street racing there is no evidence you would need from the car. if your caught racing, its the drivers fault, not the car. the idea behind impounding a car for racing is ridicules. if the driver was then arrested and the car was to remain there, sure, tow it.  it holds just as much ground as saying a knife of gun killed someone...the items did not kill, the person used the items to kill. the only difference is, you can use the weapons to trace BACK to the person with gathered EVIDENCE (rifling or dna.) what are you going to do with a car? run samples on the tire compound with the rubber you collected off the street? dont they crush cars for racing in Cali anyways? that seems extreme to me.

 

anyways, this whole topic seems to become way to serious.

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