Street racing, often glamorized in popular culture, is a serious criminal offense in California that carries severe penalties. If you or someone you know is facing charges under California Vehicle Code § 23109(a) (VC) – Engaging in a Speed Contest, understanding the law, its consequences, and potential defenses is critical.
This comprehensive guide breaks down everything you need to know about VC § 23109(a), a law designed to curb the dangerous and often tragic risks associated with illegal speed competitions on public roads.
What Exactly is a “Speed Contest” Under VC § 23109(a)?
California Vehicle Code § 23109(a) makes it illegal to willfully engage in a motor vehicle speed contest on a highway or in an offstreet parking facility. This charge is far more serious than a simple speeding ticket; it is a criminal misdemeanor with lasting consequences.
The law defines a “speed contest” broadly to include:
Racing another vehicle: This is the most common understanding—two or more vehicles competing to determine which is fastest.
Racing against a clock or other timing device: A person racing against a stopwatch or other timing mechanism to measure their speed over a set distance.
Crucially, the law specifies an exception: an event in which the time to cover a prescribed route of more than 20 miles is measured, but in which the vehicle does not exceed the speed limit, is not a speed contest under this section.
The Prosecutor’s Burden of Proof: Elements of the Crime
To secure a conviction under VC § 23109(a), a prosecutor must prove the following three elements beyond a reasonable doubt:
Drove a Motor Vehicle: The defendant was operating a motor vehicle.
On a Highway or Parking Facility: The act occurred on a public highway, street, or in a public-use offstreet parking facility. The term “highway” includes public streets and freeways.
Willful Engagement in a Speed Contest: The defendant intentionally participated in the speed contest. This means the driver knew they were in a competition of speed. Simply speeding or trying to keep up with traffic is not enough to prove willful engagement in a contest.
Penalties and Consequences of a VC § 23109(a) Conviction
A conviction for a first-time violation of VC § 23109(a) is typically charged as a misdemeanor, but the penalties are severe and extend far beyond simple traffic fines.
First-Time Misdemeanor Penalties
| Consequence | Details |
| Jail Time | Imprisonment in a county jail for not less than 24 hours and up to 90 days. |
| Criminal Fine | A fine of not less than $355 nor more than $1,000, plus court fees and assessments that can dramatically increase the total cost. |
| Driver’s License | The court may order the privilege to operate a motor vehicle suspended or restricted for 90 days to six months. A restricted license typically allows driving only to and from work. |
| Community Service | Mandatory performance of 40 hours of community service. |
| Vehicle Impoundment | The vehicle used in the speed contest is subject to being towed and held for up to 30 days. The registered owner is often responsible for hefty towing and storage fees. |
| Criminal Record | A misdemeanor conviction results in a criminal record, which can negatively impact employment, professional licenses, and educational opportunities. |
Aggravated and Enhanced Penalties
The severity of the punishment escalates significantly under certain circumstances:
1. Prior Conviction
If the current offense occurred within five years of a prior conviction for VC § 23109(a), the penalties are enhanced:
Jail time increases to a minimum of four days up to six months.
The fine remains up to $1,000.
A mandatory six-month suspension of the driver’s license is imposed.
2. Causing Bodily Injury (VC § 23109.1)
If the speed contest proximately causes bodily injury to someone other than the driver, the minimum jail time is 30 days in county jail.
3. Causing Serious Bodily Injury
If the offense causes serious bodily injury to another person, the crime becomes a “wobbler,” meaning it can be charged as either a misdemeanor or a felony.
Misdemeanor: Up to one year in county jail, and a fine up to $1,000.
Felony: State prison sentence of 16 months, two years, or three years, and a fine of up to $10,000.
“Serious bodily injury” is a legal term referring to a serious impairment of a physical condition, such as a bone fracture, a concussion, or a wound requiring extensive suturing.
Possible Defenses Against VC § 23109(a) Charges
A charge under VC § 23109(a) is not an automatic conviction. An experienced criminal defense attorney can investigate the facts and challenge the prosecution’s case using several common defenses:
1. Lack of Willful Participation (No Intent to Race)
This is often the strongest defense. The prosecution must prove the driver willfully engaged in a speed contest.
Example: You were driving fast, and another car sped up next to you, but you were unaware they were trying to race you. You were simply speeding, not knowingly engaging in a competition. In this scenario, you may still be liable for a basic speeding ticket, but not the criminal charge of a speed contest.
Example: You accelerated quickly to merge into traffic or avoid an accident, not to race.
2. Insufficient Evidence
The state must prove every element of the crime beyond a reasonable doubt. If the evidence—such as witness testimony, police reports, or video footage—is ambiguous, unreliable, or incomplete, a conviction may be impossible. For instance, if the police only witnessed high speed for a moment and have no proof of a starting point or coordinated competition.
3. Not on a Public Highway or Parking Facility
The statute only applies to races on a highway or in an offstreet parking facility accessible to the public. If the alleged contest occurred entirely on private property, such as a private racetrack or an inaccessible industrial lot, the statute does not apply.
4. Mistaken Identity or Police Misconduct
The person charged may not have been the driver or may have been mistakenly identified by witnesses or officers. Additionally, any evidence obtained through an illegal traffic stop or search (police misconduct) may be suppressed, leading to the dismissal of the case.
Related Offenses: Speed Contest vs. Exhibition of Speed
It is important to distinguish between a “Speed Contest” and a closely related but separate crime also covered under VC § 23109: Exhibition of Speed § 23109(c)
| Offense | Vehicle Code | Definition | Key Distinction |
| Speed Contest | § 23109(a) VC | Willfully racing another vehicle, a clock, or other timing device. | Requires competition against another person or time. |
| Exhibition of Speed | § 23109(c) VC | Willfully accelerating or driving at a rate of speed that is dangerous and unsafe to show off or make an impression on others. | Requires intent to show off; no competition is necessary. |
| Reckless Driving | § 23103 VC | Driving with a willful or wanton disregard for the safety of persons or property. | Focuses on disregard for safety, not necessarily competition or showing off. |
While an Exhibition of Speed charge is also a misdemeanor, its penalties are sometimes slightly less severe than a Speed Contest, and it is a common plea bargain option in Speed Contest cases.
Call to Action: Protect Your Future Today
A charge for Engaging in a Speed Contest under California Vehicle Code § 23109(a) is a criminal case, not just a traffic ticket. A conviction can lead to jail time, mandatory community service, hefty fines, a criminal record, and the loss of your driving privileges. Given the severe consequences involved, it is critical to seek immediate, professional legal representation. The difference between a misdemeanor conviction and a dismissal or reduced charge can have a profound impact on your future, employment, and driving record. Contact us today for a consultation to discuss your case and begin building a strong defense.
