so after working my way up the chain; i managed to speak to the state legislators, and they see my point. they want me to put together an argument to help be more reasonable. i got a few friends helping; and can use any help i can get.


here's what i got so far.

23109.

(a) A person shall not engage in a motor vehicle speed contest on a highway. As used in this section, a motor vehicle speed contest includes a motor vehicle race against another vehicle, a clock, or other timing device. For purposes of this section, an event in which the time to cover a prescribed route of more than 20 miles is measured, but where the vehicle does not exceed the speed limits, is not a speed contest.

(b) A person shall not aid or abet in any motor vehicle speed contest on any highway.

(c) A person shall not engage in a motor vehicle exhibition of speed on a highway, and a person shall not aid or abet in a motor vehicle exhibition of speed on any highway.

(d) A person shall not, for the purpose of facilitating or aiding or as an incident to any motor vehicle speed contest or exhibition upon a highway, in any manner obstruct or place a barricade or obstruction or assist or participate in placing a barricade or obstruction upon any highway.

(e) (1) A person convicted of a violation of subdivision (a) shall be punished by imprisonment in a county jail for not less than 24 hours nor more than 90 days or by a fine of not less than three hundred fifty-five dollars ($355) nor more than one thousand dollars ($1,000), or by both that fine and imprisonment. That person shall also be required to perform 40 hours of community service. The court may order the privilege to operate a motor vehicle suspended for 90 days to six months, as provided in paragraph (8) of subdivision (a) of Section 13352. The person’s privilege to operate a motor vehicle may be restricted for 90 days to six months to necessary travel to and from that person’s place of employment and, if driving a motor vehicle is necessary to perform the duties of the person’s employment, restricted to driving in that person’s scope of employment. This subdivision does not interfere with the court’s power to grant probation in a suitable case.
The primary concern is Section C and Section E.
Multiple officers of the law stated that section c does not apply to wheelies. Wheelies are either a violation of Vehicle Code 23103 or is not punishable by law. While some officers stated that any wheelie is either punishable by 23103, or 23109.
I spoke with the local police department and their only justification was that 23109 is applicable because this is an unintended use of the vehicle; therefore, unsafe. The problem here is that I spoke with Yamaha (the manufacturer of my motorcycle, I did not reach out to other super sport manufacturers) they stated that wheelies are indeed an intended use of the vehicle, and it is designed to be able to do so safely, when operated by a competent rider.
My greatest concern is that the punishment does NOT fit the crime, at all. A person doing a wheelie in the middle of the desert where there is a 0% chance of any injury (including the rider themselves, if they are properly geared) can still be punished with section E, of 23109. This harmless act can cause the near destruction of an individual's life. And there are many government sanctioned hobbies that have much higher risk of bodily harm.
My request is that 23109 be prohibited from application to stunting on motorcycles. That 23103: reckless operation be the only applicable law, as it is justified due to the endangering of nonparticipants.
To detour the sport growing into areas that are potentially hazardous, but not reckless. There should be a new law aimed directly at the sport, not vaguely applied. Perhaps a new law that states “potentially unsafe stunting” and due to the nature of this offense; there should be no points applied to the record, as there was nobody in danger. I believe this will keep the general public safe, while not oppressing a safe hobby.

 

i forgot to add what i need help with lol. if anyone has cases of exhibition of speed getting dismissed, i need it in my proposal.

also, no; i didn't get a citation, and I'm not fighting in court

i found out the legal definition is "an exhibition of speed means to accelerate a driving motor vehicle to a dangerous speed, often done for amusement or to draw the impression of bystanders....."

so if you have a youtube channel (even if its private because you're still working on it) and a patreon, it'll help because you are doing it as a profession, not amusement.