9.81.025 - Relevant circumstances to prove a violation.

(a)

Notwithstanding any other provision of law, to prove a violation of this chapter, admissible evidence may include, but is not limited to, any of the following:

(1)

That the person charged has previously participated in or been a spectator at an illegal motor vehicle speed contest, exhibition of speed, or reckless driving exhibition;

(2)

That the person charged has previously aided and abetted an illegal motor vehicle speed contest, exhibition of speed, or reckless driving exhibition;

(3)

That the person charged has previously attended an illegal motor vehicle speed contest, exhibition of speed, or reckless driving exhibition;

(4)

That the person charged was previously present at a location where preparations were being made for an illegal motor vehicle speed contest, exhibition of speed, or reckless driving exhibition was in progress;

(5)

Evidence of these prior acts may be admissible, to the fullest extent permissible by law, to show the opportunity, intent, plan, knowledge, identity, or the absence of a mistake or accident, or propensity of the defendant to be present at or attend an illegal motor vehicle speed contest, exhibition of speed, or reckless driving exhibition if the prior act or acts occurred within three years of the presently charged offense. These prior acts may always be admissible to show knowledge on the part of the defendant that an illegal motor vehicle speed contest, exhibition of speed, or reckless driving exhibition was taking place.

(b)

In addition to the circumstances set out in Subsection (a) of this Section, and notwithstanding any other provision of law, to prove a violation of this chapter, admissible evidence may also include, but is not limited to, any of the following:

(1)

The time of day;

(2)

The nature and description of the scene, including the number and configuration of traffic lanes;

(3)

The number of people at the scene;

(4)

The location of the person charged in relation to any person or group of persons present at the scene;

(5)

The number and descriptions of motor vehicles at the scene;

(6)

That the motor vehicles at the scene have been modified or altered to increase power, handling, or visual appeal;

(7)

That the person charged drove or was transported to the scene.

(c)

For the purposes of Subsection (b) of this Section, "scene" refers to the location of the street race or reckless driving exhibition or the location of the preparations for the street race or reckless driving exhibition.

(Ord. No. 768, § 3, 5-18-2021)