Speed Contest - California Vehicle Code 23109(a) VC
California Vehicle Code 23109(a) defines the willfully participating in a speed contest as a misdemeanor offense punishable by up to 90 days in jail, hefty fines, and a driver's license suspension.
A speed contest is a situation where someone engages in street racing, drag racing, or an exhibition of speed with motor vehicles on a public street, highway, or freeway.
VC 23109(a) also prohibits racing against a timing device such as a stopwatch. You violate California's speed contest law when you use a car to race against another vehicle or a clock.
Under this statute, a “motor vehicle” does not just mean a car or truck and includes a motorcycle, bus, commercial vehicle, or a truck tractor.
As noted, this crime must occur on a public street or highway, which means any area maintained and open to the public for car travel. It does not include racing on private property.
Penalties for a Speed Contest Conviction
If you are convicted of violating vehicle Code 23109(a) speed contest, it's usually a misdemeanor offense with the following penalties:
- Up to 24 hours to a maximum 90-day county jail sentence,
- Fines of $355 up to $1,000,
- Suspension or restricted license for 90 days to 6 months,
- Community service up to 40 hours,
- Summary probation,
- Vehicle impoundment for up to 30 days.
A restricted driver's license means you can only drive to and from work. If caught driving outside this restriction, you will be charged with a separate crime of driving on a suspended license, defined under Vehicle Code 14601 VC.
The penalties for engaging in a speed contest will increase if you have a prior conviction for a speed contest within the past five years or if someone sustained a bodily injury.
Prior conviction for speed contest penalties include a minimum of 4 days in jail, a fine up to $1,000, and a mandatory suspension or restriction of your driver's license for six months.
Speed Contest Causing an Injury
If the speed contest caused injuries to another person, the penalties will increase to at least 30 days in jail but no more than six months. Fines include between $500 and $1,000.
Suppose the speed contest caused severe bodily injury to another person. In that case, this crime is now a “wobbler” that can be charged by the prosecutor as either a misdemeanor or felony crime at the prosecutor's discretion.
If you are convicted of a misdemeanor speed contest causing severe bodily injury, then the penalties include:
- thirty days to one year in county jail,
- a fine between $500 and $1,000.
If convicted of a felony case of speed contest causing severe bodily injury, the penalties include the following:
- sixteen months, two years, or three years in jail,
- a fine of up to $10,000.
A serious bodily injury in the context of Vehicle Code 23109 VC could include a concussion, broken bones, a wound requiring stitches, scarring or disfigurement, loss of a limb, or other similar injury.
“Serious bodily injury” is a slightly lesser standard than the standard of “great bodily injury/harm” that plays a role in other California criminal laws.
Related Crimes
- Vehicle Code 23109(c) VC – exhibition of speed,
- Vehicle Code 23103 VC – reckless driving,
- Vehicle Code 23152 VC – driving under the influence,
- Vehicle Code 2800.1 VC – misdemeanor evading police,
- Vehicle Code 2800.2 VC – felony reckless evading.
Best Defenses for Street Racing
Right now, a hot crime is street racing, especially in Los Angeles and the San Fernando Valley, CA. The police are out in force, looking for individuals involved in street racing.
The end they end up doing is just swooping in and arresting everybody they think is involved in street racing.
If they can secure a conviction against you, the consequences are severe. You could lose your license for a year, face jail time, and the prosecutor and judges are unsympathetic towards those involved in street racing.
From the authorities' perspective, street racing poses a significant threat to public safety. They view it as a potentially lethal activity that endangers society.
So, you don't want to get arrested for street racing. If anything happens where you hit somebody and hurt them or kill them, you're facing serious prison time. They have no sympathy whatsoever.
If you or a loved one is charged with street racing, it's crucial to take the situation seriously. The legal system has little sympathy for those involved in such crimes, making professional legal representation essential.
As a criminal defense attorney with three decades of experience, I've handled numerous street racing cases. I started my career at the District Attorney's office in East Los Angeles to understand how prosecutors handle such cases. This experience has given me a unique advantage in defending my clients.
I always had the intent to be a criminal defense attorney. Still, I knew that if I could get a peek at the other side to see how they investigate cases, prosecute cases, and deal with law enforcement as they're preparing them to deal with the cases, I'd have a huge advantage.
Challenging the Police Report
By the way, the police are extremely lazy in these cases. In some cases, they don't even read their police reports a lot of times before they testify at preliminary hearings.
As your defense attorney, I'm well-prepared to challenge the police report. I've thoroughly reviewed the report, spoken to witnesses, and discussed the case with you. This comprehensive approach gives me a significant advantage in defending street racing cases.
A lot of times, the prosecutors need to be more active as well. They have too many cases. The police haven't prepared them. They weren't out there. They didn't see what had happened.
So, if they do have you for street racing and they're going to be able to convict you, sometimes they need to have all of the information.
Often, the prosecution's case in street racing charges can be weak. They may lack crucial information or have misconceptions about the case. As your defense attorney, it's my role to identify these weaknesses and present a strong defense on your behalf.
That's done in various ways. I can submit a mitigation package about what happened, telling your side of the story and providing evidence related to your side of the story.
That way, this stigma of street racing can sometimes be watered down to show that they weren't dangerous out there.
They weren't going to hurt anybody. It was in the middle of the night, and nobody was out. They took precautions. They were careful, whatever the case may be.
Dealing with Judges on Speed Contest Cases
Also, when dealing with judges, some of these judges get angry because people are street racing, and they want to do something about it. They want to punish the person and teach them a lesson, especially if somebody gets hurt or killed.
A lot of times, the judges feel like they need to do something and say something because they're protecting society.
So, we have to get to the judge as well and explain to the judge what happened and we have to show what we're going to do moving forward, such as:
- We're not going to get ourselves in this position again;
- We're going to be careful;
- We're going to get character letters on your behalf.
If you've got a job, we will show them that. If you've got family and friends who can speak highly of you, we will show them that.
Preparing a Defense Strategy for the Best Possible Outcome
Further, I think one of the most important things that I do is, I'm going to look at precisely what happened:
- Was there an accident?
- Did anybody get hurt?
- How dangerous was it?
I've got a good accident reconstruction expert and sometimes get him involved.
There are only some cases, but I will get him involved if it's the correct type of case. A lot of times, he can show another side to the story, and because he's a professional because he's respected and well-known,
A lot of times, it puts us in a much better position. Now I can point to the prosecutor and say, no, the person wasn't going 100 miles an hour.
They're looking at some camera from a store that needs to give them the correct information. Sometimes, there are skid marks. There are all sorts of things we can do.
If you're going to be defended in a street racing type of case, whether somebody was hurt or not, do it once. Do it right and never do it again.
So, you've come to the right place. This is right up my alley. Pick up the phone. Make the call. Ask for a meeting with Ron Hedding.
I will educate you on the right path to get out of the criminal justice system as fast as possible and do everything I can to protect your driver's license. Hedding Law Firm is based in Los Angeles County, and we offer free case evaluations.
