Street racers may get jail time

By Guillermo X. Garcia
San Antonio Express-News

Web Posted : 03/10/2003 12:00 AM

AUSTIN — Street racers gunning your engines, beware: Rep. Trey Martinez Fischer wants you.
Jailed.

A bill he introduced in the Texas House would boost significantly the penalty for street racing from a traffic citation to a "bookable" offense, with a maximum of six months in jail and a $2,000 fine for first offenders.

Martinez Fischer, D-San Antonio, was drawn in after 17-year-old Jessica Santos died Jan. 28, 2002. She was a passenger in a car that police say was involved in a street race near downtown San Antonio.

"She lived down the street from my house, a couple of houses down from my district office. I went to her funeral and got involved with helping (Santos' mother). I saw how devastated the family was and how senseless Jessica's death was."

More than a year later, Monique Vasquez still is trying to get on with life after her daughter's death.

"I am still going through this pain and the loss, so no, I can't really say I've gotten past it. There is not a day goes by that I don't think of Jessica," Vasquez said.

Martinez Fischer said he was angered to find that a conviction for street racing, a Class C misdemeanor, is treated like a speeding ticket with a maximum $200 fine.

He aims to change that.

Under the bill, conviction would mean an automatic one-year license suspension and a mandatory 100-hour driver safety course before the driver could petition to get his driving privilege reinstated.

The bill also would make spectators subject to a Class C misdemeanor.

The penalty would be enhanced to a state jail felony if an open alcohol container was found, if the driver was under the influence, or for a second offense. The offense would become a 3rd-degree felony with a third conviction or a 2nd-degree felony if a serious injury or death resulted.

The bill has its critics.

"It's overkill. This is extremely punitive," San Antonio defense attorney Fernando Cortes said. "I see a political purpose behind this 'community concern,' because we have plenty of penal code statutes already that can easily address this issue.

"I am concerned with the infringements of liberties and the potential for grandstanding by the district attorney that this bill would bring," Cortes said.

He represented Ernest Lira, convicted for a May 2002 incident in which 20-year-old Philip Elizondo suffered permanent brain damage while he watched Lira race.

A month earlier, Bexar County District Attorney Susan Reed vowed to get tough after four people died in street racing-related incidents. Her office indicted three people and she promised that "street racing won't be tolerated here."

"I don't think there is any grandstanding when trying to save lives. People are dying, and it is not just in my district," Martinez Fischer said of the bill's critics.

"This is a major problem (in San Antonio) as well as around the state," he said, noting that street racing incidents have resulted in the death of six Alamo City residents and serious injury to three others in the past 15 months.

"The current penalty is just not enough, especially in the case where someone is maimed or killed," San Antonio police Lt. Ray Ybarbo said.

A 32-year veteran of the force, Ybarbo said street racing is a problem all over the city: on San Pedro Avenue in the north central part of the city, on the Northwest Side, on the deep South Side along Military Drive.

"In my years on the department, the Southwest Military Drive location has been the traditional cruising area for kids. People know to stay away from there on Sunday nights, 'cause these young males are cruising, looking for a challenge and a chance to show off their fast cars or their parents' station wagon," he said.

The City Council has endorsed the measure and placed it on its legislative agenda. Police departments in Laredo, Dallas, El Paso and Houston are among those that have signaled support for the bill.

Vasquez said she favors the bill but is not optimistic that any law, no matter how strict, will change things.

"There is really no way to stop these kids from racing, and penalties, no matter how hard, don't sink in to a teenager," she said. "They just don't understand the consequences.

"I do. There is not a day goes on that I don't think about my baby and wish she was here," Vasquez said. "But she is not. And she never will."



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gxgarcia@express-news.net


03/10/2003
news.mysanantonio.com/story.cfm?xla=saen&xlb=184&xlc=961162 Copy and Paste

 

Drunk drivers who kill people get less jail time and fines then this.
Or how about all the people that run red lights and stop signs. I'm sure there are more people killed because of this.

 

DWI~
Fine: A fine not to exceed $2,000.00.Jail: Confinement in the County Jail for a term ofnot less than 72 hours nor more than six (6) months. Open Container:If there was an open container of alcohol in your car when arrested, the minimum term of confinement is six (6) days in the county jail. Community Service:Texas law mandates that a judge order not less than 24 hours nor more than 100 hours.
108 People killed (1999) in SA alone, 3500 statewide 12 mos period.
Bexar County 2000 statistics
DWI - 4630
Alcohol related deaths - 764
Alcohol related injury accidents - 1071
http://www.kronkosky.org/research/Re...useMay2002.pdf

Hmmm.. Same penalty more or less. I just don't see it. When compared to DWI deaths it is pretty small. Someones private grudge match....
Imagine briskly taking off from a light next to an accord with a exhaust leak. Cop sees this and you go to jail. This new bill is so open they can use it anywhere. Following someone on the interstate doing 75, trying to merge into traffic, any two cars breaking the speed limit.... It will all be the officers view of what he thinks is going on. A muscle car or sports car just screams I was racing.

 

all good points. Sadly Im not a lawyer and didnt think of it on my own.

Why are they going towards confinement? Licence revocation is better. That threat alone sets euro drivers apart from us yanks.

ohh well.

 

I know lately that there have been a few people that have died in street racing accidents, but it can't be any worse than it used to be back in the days of boss mustangs, hemi 'cudas, chevelle and camaro ss's and 455 firebirds!?!? I mean, I've heard hundreds of stories of how people back then would have nights and street blocks designated for the street races and people would bring out their big block, non-streetable, open headered cars and race for reputation. I can't imagine that people didn't die back then like now, cars now are much safer! I think that it just seems like it's getting worse cause the racing scene is getting so much more attention from the media(ie- fast and the furious, biker boyz, etc.).

I feel that people that kill other people that were not part of the game definately should be punished, but if you go out and take part in a large group of street racers, then you should know the consequences that could come of your attendance. Giving up to 6 months of jail because you're in a hurry somewhere and jump a little at a light and some officer just makes a judgement about your car, that's crap and should be thought out a little better. I mean, the worst part about jumping at a green light is the jackass that runs the red and smashes into you. My mother's minivan was totaled this way, and I was knocked into oncoming traffic this way when I was 16, scared the living $H#+ out of me. We both were fine fortunately, but in neither situation was the guilty party fined at all!! I just think that because the legislators are out to control teenagers, that maybe they should look at stats and start where the help is needed first, then go down the line. Maybe I'm biased though, but I'm only 19 for another 2 months!

This is just an opinion from someone with a history of speeding tickets on the highway, but have never been involved in street racing. I feel that I've been let off pretty easily for doing stuff that could be much more costly then drag racing in an empty parking lot in the middle of the night. Maybe I'm just retarded though? Oh well, I don't have a say anyways, I'll let you guys argue over it now, I'm done.

Kyle

 

I agree. They're all worried about a few people racing downtown. Who the hell races downtown

I'm tired of politicians making crazy laws just to make themselves look good. SCREW'EM!

Commy bastards.

I think this is total

 

Seems to me a person who is street racing and is aware of this new bill, if it is passed, would deem it an acceptable risk to try to outrun the law, you're going to jail anyway. Just a thought.

 

Happened to me already went to jail for "accelerating too fast" the cop said i was racing the saturn that was beside me Apparently if the car next to you doesn't see the light change and leave the same time you do your racing.

that cop and his buddy are 2 prime examples why i have no respect for police officers anymore, i should say SAPD officers.

 

After my last experience this is my point of view as well.

 

That thought hadn't crossed my mind. That is a valid point.

This post is also on LS1 forum in the Texas section. There are many more replies there and some interesting point of views if you are interested.

 

Here is the real reason mark my words. Im from Iowa and stuff like this does not happen. When we are 14 years old we are able to get a schoole permit to drive from our homes in the country to and from school and school functions. Thats 2 years of driving under our belts before we even turn 16. Now most of us from the "country" can not afford to have fansy cars that our parents by for us, so most of the times our cars are say a 85 Cutlass with a 305. You know 1/4 mile time around 16 seconds. So we get to ease into things while preparing us time to drive. Kids these days their parents want to give thier kids things they didnt have when they were growing up. So they go out and get them thats "fantsy" car. It most cases a GT Mustang or LS1 F-Body. Can these inexperienced kids handle these cars? Hell no! You see these kids on the news drag racing their LS1's against what??? A freakin Lincoln or pick-up truck or some dumb *** little punk in a ricer. Come on do you have any common sense? I doubt any at all.

Do I think that punishment sounds harsh? Yes, but what if it was your child that happened to? Would you think that would be enough time? Sure 1ST time offenders getting 6 months jail time I agree is too much. But it just might stop them from killing someone or themselves.

Caught drag racing? Week-end in jail and loss of your DL for 1 year. Would you think twice? Most of us would.

 

http://www.capitol.state.tx.us/tlo/7...t/HB01326I.HTM

unless i'm reading it wrong, you only go to jail if you're drunk or have an open container in the car. i still think suspending someones license on a 1st offense is a little much considering it's solely up to the cops discretion. i see it more appropriate for repeat offenders considering that drunks get more chances than that and are much more dangerous. i do agree that the media and politicians try to sensationalize racing deaths. we need to make sure and contact our reps and let them know our stand on these kind of things before it's too late.

http://www.house.gov/writerep/

 

I invited the purposer of the bill to visit the LS1 forum and post his views. I also wrote him a letter depicting my stance on the bill.
I here you crazy. I started driving when I was 12 with no license. We lived in podunk and I knew the constable. He had no major issues as I was really responsable driving a 74 chevy stepside. The thought of racing it never crossed my mind. We moved before I was 14 to a larger town and thus ended my driving untill 16 when I got a 1979 Monte Carlo. It had a 267V8 with carb problems. It did get me back and forth to school though. Point of the matter is I grew up responsible to a point. I knew if I was seen doing one dumb thing it would end and the thought of being dropped off by my mother two and a half hours before school would suck.
If it was my child, I would hope I had the common sense to raise them to do the right thing. I am sure if that girl started screaming and acting like she was going to get out, the driver would have stopped. Not to many people ignore a hystarical screaming woman in the car.
I see who this bill is directed at and why but that leaves a lot to be decided on
1. What is considered racing?
2. Who was considered to be "watching"
Also, the loss of license is in addition to the possible jail time? A open container I thought just added to it. Either way loss of your license for a year would hurt severly enough to loose your job or make getting to work an ordeal every morning. The specific target of this bill is street racers no matter the age. The younger ones are kust the ones taking the most chances and have less to lose. ie. They are not out of a place to live if they can't get to work.

 

Well im kind of the opposite end of the spectrum here. I actually did grow up with as Nathan put it "my fantasy car". Now its not to say that i didnt and still dont have my fun.
But 99% of the time when i was racing this car, it was out in the middle of BFE(bumF*ckEgypt).

As a racer ive only seen very few times when other teenagers would act irresponsibly, But then again ive have been hit more by people with their heads up their azzes.

I dont agree with the penalty at ALL. No other fine has such a harsh first penalty as this one. Hell even my wreckless driving(another story) doesnt have this stiff of a penalty.

And in that sense, everyone is correct on the fact that drunk drivers are a much much more dangerous threat to the well being of the public.

Honestly if i raced with the new bill imposed you would see me keep my foot to the floor.
And i suspect alot more people would do the same. And would that be saffer? Hell no.

Not to mention that the cops in my hometown cite me left and right all the time for no reason at all. Other than its a power trip to cite me.
So should i lose my liscense and a 6 month stint of my life for some a-hole cop? No, 7 days was plenty of time for that reason.

Personally i agree with the defense attorney on this. I do believe this is a vain attempt at punitive damages, solely for purpose of political gain. Also they are correct about the grandstanding issue, we see it today and this will only further that.

And if this bill is meant to completely stop Drag racing. Honestly we all know that will never end.

If they want my respect for the bill, they need to first take care of the important issues and give stiffer penalties for those.