sjpop & sgtgrant, question about the races...

[jdgti]

Alright guys, here's the deal:

23019(a) says you can't race basically
23109(b) says you can't aid or abet a race

Now, both of these are midemeanors, right? And it is my understanding (told by a local officer I was talking with last week) that intent to commit a misdeameanor IS a misdemeanor (not sure of the Penal Code section on this one)...if you have it, I'd like to read it.

Wouldn't that then seem to indicate that you could say all of the people hanging out at Chevron at 1:00 am intend to either race, or spectate (aid and abet) a race and therefore could be charged with intent to commit a misdemeanor? It seems pretty cut and dry to me really. But obviously this doesn't happen, I'm curious if you have any information on why that is.

[RS/377]

I see JDGTI left a big loophole here- instead of 1 at chevron- what about a group of people at North First at 1 AM, when a race has not actually taken place yet

[sjpopo]

No, just being at the gas station doesn't fit. It is loitering and is a curfew violation if you're under 18. It could be trespassing if you're in the wrong place in SJ.

23109(b) requires some sort of act of furtherance according to a DA I spoke to. That act of furtherance can be interpreted lots of ways. Basically, you have to be doing something to aid or abet the races.

Don't go to them and you won't have to debate the definition of aid, abet or furtherance.

Drive safe,

Ofc. Hoyt
SJPD

[jdgti]

So is driving out to Qume considered furtherance, since you went to a "known racing area"? How about going out there and parking on the side of the road?

I'm just kinda curious at what point it's considered intent to race. I'm not so concerned with the 23109(b), but with the "intent to commit a violation of 23109(b)"...that should in and of itself be a misdemeanor.

I don't go to 408 runs anyways...just trying to get some info.