How to Fight Vehicle Impoundment and License Suspension After a Sideshow Arrest

If you’ve been arrested for participating in a sideshow in California, you’re likely facing more than just criminal charges.
With Governor Gavin Newsom recently signing Assembly Bill 2000 to expand the crackdown on sideshows and street racing, these consequences are becoming even more severe. The new law, which goes into effect in 2025, allows courts to suspend licenses for sideshow and street racing activities in parking lots, which were previously not covered under state law.

Under current laws, you could also be facing the costly impoundment of your vehicle. As experienced sideshow defense attorneys at The Nieves Law Firm, we know how devastating these additional consequences can be. In this article, we’ll break down what you need to know about vehicle impoundment and license suspension after a sideshow arrest, and how our legal team can help you fight back.

Criminal Charges for Sideshow Participation in California

First, let’s review the potential criminal charges you could face for alleged sideshow participation in California:

• Engaging in a Motor Vehicle Speed Contest or Exhibition of Speed: Under California Vehicle Code Section 23109(a), it is a misdemeanor crime to engage in a motor vehicle speed contest or exhibition of speed on a highway. An “exhibition of speed” includes doing stunts like donuts, drifting, and burnouts. Penalties can include up to 90 days in jail, a fine of up to $500, or both.
• Reckless Driving: Sideshow participants are often also charged with reckless driving under California Vehicle Code Section 23103. Reckless driving is defined as driving with a willful or wanton disregard for the safety of persons or property. It’s a misdemeanor punishable by up to 90 days in jail and/or a $1,000 fine.
• Aiding and Abetting a Sideshow: Even if you’re not directly participating in the sideshow stunts, you could still be charged with aiding and abetting an exhibition of speed under California Vehicle Code Section 23109(b). This charge applies if you help, promote, organize, or encourage a sideshow. It carries the same misdemeanor penalties as actually engaging in the exhibition of speed.

When Can Police Impound Your Vehicle for a Sideshow?

Under current California law, officers can seize and impound a vehicle if they have probable cause to believe it was used in the commission of a speed contest, exhibition of speed, or reckless driving.

This vehicle impoundment can happen in a few ways:

1. Impoundment During Arrest: If you’re arrested for a sideshow-related offense, police may immediately seize and impound your vehicle as part of the arrest process. They don’t need a separate warrant or court order if they have probable cause to believe the vehicle was used in the alleged crime.
2. Impoundment Via Warrant: Even if police don’t impound your vehicle during an arrest, they may later obtain a warrant or court order for vehicle seizure.
3. Impoundment As Instrumentality of Crime: In some cases, police may allege that your vehicle itself is an instrumentality of the sideshow crime – meaning it was uniquely involved in and necessary for the offense.

How Long Will Your Vehicle Be Impounded After a Sideshow Arrest?

The length of a vehicle impoundment after a sideshow arrest can vary depending on the circumstances. For an initial post-arrest impoundment, the vehicle is typically held for 30 days. However, if police allege the vehicle is an instrumentality of the crime, they may seek a longer impoundment hold and even pursue forfeiture to permanently seize the vehicle.

It’s important to act quickly if your vehicle is impounded after a sideshow arrest. You have the right to request a post-storage hearing to challenge the impoundment and potentially secure the earlier release of your vehicle. An experienced sideshow attorney can help you navigate this process and raise defenses to the seizure.

Driver’s License Suspension for Sideshow Conviction

In addition to vehicle impoundment, a conviction for sideshow-related charges can also result in the suspension of your driver’s license. If you’re convicted of engaging in a motor vehicle speed contest or reckless driving, your license will be automatically suspended for 90 days to 6 months. Repeat offenders can face even longer suspension periods. With the passage of AB2000, these license suspensions will now apply to sideshow and street racing activities in parking lots as well, closing a previous loophole in the law.

Challenging a sideshow-related license suspension often requires fighting the underlying criminal charges. If you’re acquitted or the charges are dismissed, you may be able to avoid or overturn the suspension. That’s why it’s crucial to have a skilled sideshow defense attorney in your corner.

What to Do If Your Vehicle is Impounded After a Sideshow Arrest

If you find yourself in the frightening situation of having your vehicle impounded after a sideshow arrest, it’s important to stay calm and take immediate action to protect your rights. Here are some key steps to take:

1. Remain calm and comply with officers during the arrest and impoundment process. Arguing or physically resisting will only make the situation worse. Clearly invoke your right to remain silent and your right to an attorney.
2. Contact our experienced sideshow defense attorney right away. The sooner you contact us, the sooner we can begin challenging the impoundment and criminal charges.
3. Gather all documentation related to your vehicle and the arrest. This includes your registration, proof of insurance, any paperwork provided by police, and receipts for impoundment fees. Your attorney will need this documentation to fight the impoundment and the underlying charges.
4. Request a post-storage hearing to challenge the impoundment. You have a right to a prompt hearing to contest the basis for the vehicle seizure. Your attorney can represent you at this hearing and raise defenses to secure the release of your vehicle.
5. Fight the underlying criminal charges. Challenging the sideshow-related charges is key to avoiding a conviction and license suspension. Your attorney can investigate the arrest, raise constitutional challenges, and craft a strong defense strategy. Beating the criminal charges can also help you recover your impounded vehicle.

How an Experienced Sideshow Defense Attorney Can Help

An experienced sideshow defense attorney can be your strongest ally in fighting impoundment and suspension. Here are some key ways our attorneys can help:

• Investigate the arrest and impoundment process for constitutional violations or lack of probable cause
• File motions to challenge the vehicle seizure and seek the immediate return of your vehicle
• Represent you at the post-storage hearing to argue for release of the vehicle
• Raise defenses to any separate civil forfeiture proceedings seeking to permanently keep your vehicle
• Help you navigate the license suspension process and explore options for a hardship waiver
• Identify weaknesses in the prosecution’s case and mount a strong defense to the underlying criminal charges
• Work to negotiate a favorable plea deal or push for dismissal of the charges to minimize penalties

At The Nieves Law Firm, our sideshow defense attorneys have helped clients across the Bay Area fight vehicle impoundment and license suspension after sideshow arrests. We know how to get your car back in your hands and protect your driving privileges.

If you or a loved one is facing impoundment and suspension after a sideshow arrest in California, don’t wait to get the legal advocacy you need. Contact The Nieves Law Firm today for a confidential case consultation.