(A) Notwithstanding any other provision of law, to prove a violation of this chapter, the following may be considered to show motive, opportunity, intent, preparation, plan, knowledge, identity, absence of mistake or accident:
(1) That the person charged has previously participated in or been a spectator at a street race or reckless driving exhibition;
(2) That the person charged has previously aided and abetted street racing or a reckless driving exhibition;
(3) That the person charged has previously attended a street race or reckless driving exhibition;
(4) That the person charged was previously present at a location where preparations were being made for a street race or reckless driving exhibition, or where a street race or reckless driving exhibition was in progress; or
(5) To the fullest extent permissible by law, evidence of prior act(s) may be admissible to show the plan, opportunity, intent, knowledge, identity and/or propensity of the person charged to be present at a street race or a reckless driving exhibition if the prior act(s) occurred within three years of the presently charged offense. The prior act(s) may also be admissible to show that, in the absence of a mistake or accident, the person charged had knowledge that a street race or reckless driving exhibition was taking place.
(B) In addition to the circumstances set out herein, 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 types 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; or
(8) That the person charged admitted to being a spectator at a street race or reckless driving exhibition.
(C) As used herein, SCENE means the location of a street race or reckless driving exhibition or the location of the preparations for a street race or reckless driving exhibition.
(Ord. 2023-06, passed 8-15-2023)