AB 1393: Reckless driving: speed contests: vehicle impoundment.

Under existing law, a person who drives a vehicle upon a highway or in an offstreet parking facility in willful or wanton disregard for the safety of persons or property is guilty of reckless driving, which is punishable, upon conviction, by imprisonment in the county jail, payment of a fine, or both the imprisonment and fine, as specified.

Existing law makes it a crime to engage in a motor vehicle speed contest on a highway. Existing law provides that if a person is convicted of engaging in a motor vehicle speed contest on a highway and the vehicle used in the violation is registered to that person, the vehicle may be impounded at the registered owners expense for not less than one day nor more than 30 days.

Under existing law, when a peace officer determines that a person was engaged in reckless driving or a speed contest, the peace officer may immediately arrest and take the person into custody, cause the removal and seizure of the vehicle used in the offense, as prescribed. Existing law requires the vehicle to be impounded for not more than 30 days.

This bill would, with respect to a conviction for reckless driving, or a conviction for engaging in a speed contest, when the person convicted is the registered owner of the vehicle, provide that if it is the first offense the vehicle may be impounded for 30 days, and if it is the 2nd or subsequent offense the vehicle shall be impounded for 30 days, at the registered owners expense. The bill would allow the impoundment period to be reduced by the number of days, if any, that the vehicle was previously impounded, and would authorize the court to decline to impound the vehicle if it would cause undue hardship for the defendants family, as specified. The bill would authorize the release of the vehicle to the legal owner before the 30th day of impoundment, if specified conditions are met.

This bill would, for speed contests, authorize an officer to issue a notice to correct for violation of a mechanical or safety requirement and require correction to be made within 30 days after the date upon which the vehicle was released from impound. The bill would require the violation to be dismissed upon correction, as specified.

By imposing new requirements on local agencies responsible for vehicle impoundment, the bill would create a state-mandated local program.

The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.