Continuity mistake: When Toby and Anita are talking in San Francisco, she says she knows Dino was there the night her brother died. It was broad daylight when Pete died. (00:33:35 - 01:34:15)
Continuity mistake: When the Shelby Mustang makes the 'Grasshopper' jump, the wheels change to a completely different type when it's in the air. After it lands, the wheels change back to the original wheels.
Continuity mistake: In the scene where the Bugatti Veyron with orange wheels is struck by the police car launched from amongst the trees in the forest stretch of road, just after the Bugatti is struck and is rotating from the collision, in the next shot the wheel that was struck turns black.
Continuity mistake: When Marshall goes between the Saleen and the McLaren, the front of the Koeniggsegg is completely undamaged, despite it being damaged both before and later on in the race, in the same way it was damaged when Dino knocked Pete off the bridge.
Continuity mistake: When Dino crashes into Pete, Pete's car spins out of control, out of his way. But the next scene shows Pete in front of Dino's car, staying there until he's flipped over.
Continuity mistake: During the first race through the city, watch the sky. It goes from being dusk with a little bit of blue sky to completely dark in several shots.
Continuity mistake: In the scene where the enemy truck hits Toby's mustang to eliminate him from participating on the final tournament, there are many bits of the Mustang around. On the next shot, from inside the truck those bits are gone. (02:10:35)
Continuity mistake: During the final race, as the camera pans through the trees the with the Lamborghini and the Agera, the Lamborghini is in second place when in the previous shot, it was in first place. (01:53:46)
Continuity mistake: The wound on Tobey's right side of his forehead changes size at the lady race.
Continuity mistake: When Tobey is talking to Julia in the hospital, his puts his hand under her head and his arm is across the pillow for a couple of shots, then in the next shot it's gone without him moving.
Continuity mistake: When Toby gets out of his car to confront Dino before the start of the De Leon, his pants are a dark maroon. When he exits his car to rescue Dino from the crash, his pants turn black.
Answer: In this instance he was a civilian in military prison. Notice he wore civilian clothes while his cellmate still had on garb. The rules process is different for civilians held in military prison so it is quite reasonable that would happen.