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    Vehicle Code § 23109 VC – “Speed Contest” – California Law

    Playlist: Exhibition of Speed and Street Takeovers

    California Vehicle Code § 23109(a) VC makes it a crime to willfully participate in a speed contest.1 Speed contests are where two or more motor vehicles race on a public street, highway or freeway.2 It can also refer to racing against a timing device such as a clock or a stopwatch.3

    A first-time speed contest is a misdemeanor, carrying

    • 24 hours to 90 days in jail and/or
    • $355 to $1,000 plus a possible license suspension.4

    Successive convictions have harsher penalties.5 If someone gets seriously injured, the D.A. can bring misdemeanor or felony charges.6

    Speed contests are also called

    • street racing,
    • drag racing, or
    • an exhibition of speed.

    Common legal defenses are that you did not act “willfully” or that what happened does not qualify as a “speed contest.”

    Note that officers may write the citation as

    • Vehicle 23109,
    • 23109 VC or
    • 23109 CVC.

    To help you better understand the law, our California criminal defense attorneys will address the following:

    If, after reading this article, you would like more information, we invite you to contact us at Shouse Law Group.

    1. What is the legal definition of a speed contest?

    The legal definition of a “speed contest” under Vehicle Code 23109(a) consists of the following “elements of the crime”:

    1. You drove a motor vehicle (such as a car or motorcycle but not a bike);7
    2. The driving occurred on a highway (which comprises freeways and public streets but not private property);8 and
    3. While doing so, you willfully engaged in a speed contest.9

    To do something “willfully” means to do it willingly or on purpose.10 You do not need to intend to break the law, hurt someone else, or gain an advantage.11

    Meanwhile, a speed contest is any race by a motor vehicle against either 1) another motor vehicle or 2) a clock or other timing device.12 It does NOT include an event where participants measure the amount of time it takes for a vehicle to cover a given route, IF:

    1. The route is more than twenty (20) miles, and
    2. The vehicle does not exceed the speed limit during the event.13
    two cars about to drag race as an example of an exhibition of speed or speed contest

    Vehicle Code 23109 a VC makes it a crime to willfully participate in a speed contest.

    2. What happens if I am convicted of 23109 VC?

     2.1. Speed contest basic penalties

    In most cases, a speed contest ticket under Vehicle Code 23109(a) VC will result in a misdemeanor charge with the sentence:

    • Misdemeanor (summary) probation;
    • 24 hours to 90 days in jail;
    • $355 to $1,000;
    • 40 hours of community service;14 and/or
    • A driver’s license suspension or restriction of 90 days to 6 months.15

    Note that juvenile defendants charged under VC 23109(a) will be prosecuted in California’s juvenile court system.

    2.1.1. When you have a prior speed contest conviction

    If you have a prior conviction for a speed contest that occurred within 5 years of this alleged speed contest, then your misdemeanor penalties increase to:

    • 4 days to 6 months in jail or misdemeanor probation (which still requires 48 hours in jail);16
    • $500 to $1,000;17 and
    • A mandatory suspension or restriction of your driver’s license for 6 months.18

    2.1.2. When someone gets injured

    If the speed contest proximately caused any bodily injury to another person, then the penalties increase to:

    • 30 days and 6 months in jail; and/or
    • $500 to $1,000.19
    2.1.2.1. When someone gets seriously injured

    Having a speed contest causing a serious injury is a “wobbler,” which means it can be charged as a misdemeanor or a felony at the prosecutor’s discretion.20 As a misdemeanor, a speed contest causing serious bodily injury carries:

    • 30 days to 1 year in jail; and/or
    • $500 and $1,000.21

    Charged as a felony, a speed contest causing serious bodily injury carries:

    • 16 months, 2 years or 3 years in jail; and
    • Up to $10,000.22

    For purposes of Vehicle Code 23109 VC, serious bodily injury means a serious impairment of physical condition, including (but not limited to):

    • Loss of consciousness;
    • Concussion;
    • Bone fracture;
    • Protracted loss or impairment of the function of any bodily member or organ;
    • A wound requiring extensive suturing; and
    • Serious disfigurement.23

     2.2. Vehicle impoundment

    After a speed contest arrest, the arresting officer has the right to seize the vehicle used to commit the alleged offense—and impound it for up to 30 days.24

    If this occurs, then the vehicle will be released before the end of the impoundment period only if one of the following is true:

    1. The vehicle was stolen (in which case you may also face charges for California grand theft auto);
    2. You were not authorized to operate the vehicle by its owner;
    3. The owner of the car was not a driver or passenger in the car when the alleged speed contest occurred, or was unaware that you were using the car to engage in these activities;
    4. The car was a rental car; and/or
    5. The prosecutor chooses not to file Vehicle Code 23109(a) charges, or those charges are dismissed.25

    Example: Lila sneaks out of the house one night in her brother Bruce’s car and uses it to participate in a street race. If she gets arrested and the car gets impounded, Bruce should be able to get it back if he can convince an official at an impoundment hearing that he had not given Lila permission to take his car that night.

    Birds-eye view of two race cars turning on a curve

    Not all races meet the legal definition of speed contests.

    3. How do defense attorneys fight these charges?

    Here at Shouse Law Group, we have represented literally thousands of people charged with traffic-related crimes. In our experience, the following two defenses are very effective in getting Vehicle Code 23109(a) VC/speed contest charges dismissed.

    3.1. Your behavior was not “willful”

    You cannot be convicted of a speed contest unless the prosecutor can prove that you acted “willfully.”26

    Maybe you have a physical or medical condition that led you to drive at a high speed without realizing you were doing so. (This happens especially frequently with elderly drivers.)

    Or maybe you feared for your safety for whatever reason and engaged in fast driving that looked like a speed contest because of that. Either way, we can help you gather evidence and present your side of the story in order to make it clear that you are not guilty of VC 23109(a).

    3.2. There is insufficient evidence that your behavior met the definition of a speed contest

    The line between speed contests and garden-variety speeding can be blurry.

    Sometimes California Highway Patrol or police officers will try to turn a speeding case into a Vehicle Code 23109(a) VC case in order to increase their arrest numbers, or out of personal malice toward a particular arrestee. In the worst cases, police misconduct and/or racial profiling might be occurring.

    If you are wrongly accused of engaging in a speed contest, we can argue to the prosecutor or a jury that there is not enough evidence that you are guilty.

    4. Related Offenses

    • Exhibition of speed (VC 23109(c)) – accelerating or driving a vehicle at a dangerous speed, in order to show off or make an impression on other people.27  It can be charged on its own, as either a misdemeanor or an infraction.28 It is also a very common California DUI plea bargain.29
    • Dry reckless – driving with willful and wanton disregard for the safety of other people or their property.30 It is distinguished from “wet reckless” in that the latter is always a plea bargain from California DUI charges and is never charged separately.31 Reckless driving is a misdemeanor carrying at least 5 and no more than 90 days in jail, and/or $145 to $1,000.32
    • Misdemeanor evading an officer (VC 2800.1) – intentionally fleeing from a clearly marked law enforcement vehicle in your car.33 It carries up to 1 year in jail.34 For that reason, it is sometimes smart to try to bargain an evading an officer charge down to a VC 23109(a) speed contest.
    • Felony reckless evading (VC 2800.2) – driving recklessly while fleeing from a clearly marked law enforcement vehicle in your car.35
    Two cars about to start drag racing in violation of VC 23109

    Street racing can be a felony if someone gets seriously injured.

    For further help…

    Arrested? Traffic ticket? Do not hesitate to contact us at Shouse Law Group.

    We have local criminal law offices in and around Los Angeles, San Diego, Orange County, Riverside, Torrance, Glendale, Long Beach, Pomona, San Bernardino, Ventura, San Jose, Oakland, the San Francisco Bay area, and several nearby cities.

    In Colorado? Learn about speed contests (CRS 42-4-1105).

    In Nevada? Learn about drag racing and unauthorized speed contests (NRS 484B.653).

    Legal References:

    1. Vehicle Code 23109 VC – Speed contests. (“(a) A person shall not engage in a motor vehicle speed contest on a highway. As used in this section, a motor vehicle speed contest includes a motor vehicle race against another vehicle, a clock, or other timing device. For purposes of this section, an event in which the time to cover a prescribed route of more than 20 miles is measured, but where the vehicle does not exceed the speed limits, is not a speed contest. (b) A person shall not aid or abet in any motor vehicle speed contest on any highway. . . . (d) A person shall not, for the purpose of facilitating or aiding or as an incident to any motor vehicle speed contest or exhibition upon a highway, in any manner obstruct or place a barricade or obstruction or assist or participate in placing a barricade or obstruction upon any highway.”)
    2. Same.
    3.  Vehicle Code 23109 VC – Speed contests. (“(e)(1) A person convicted of a violation of subdivision (a) shall be punished by imprisonment in a county jail for not less than 24 hours nor more than 90 days or by a fine of not less than three hundred fifty-five dollars ($355) nor more than one thousand dollars ($1,000), or by both that fine and imprisonment. That person shall also be required to perform 40 hours of community service. The court may order the privilege to operate a motor vehicle suspended for 90 days to six months, as provided in paragraph (8) of subdivision (a) of Section 13352. The person’s privilege to operate a motor vehicle may be restricted for 90 days to six months to necessary travel to and from that person’s place of employment and, if driving a motor vehicle is necessary to perform the duties of the person’s employment, restricted to driving in that person’s scope of employment. This subdivision does not interfere with the court’s power to grant probation in a suitable case.”)
    4.  Same.
    5.  Vehicle Code 23109 VC – Speed contests. (“(e) . . . (2) If a person is convicted of a violation of subdivision (a) and that violation proximately causes bodily injury to a person other than the driver, the person convicted shall be punished by imprisonment in a county jail for not less than 30 days nor more than six months or by a fine of not less than five hundred dollars ($500) nor more than one thousand dollars ($1,000), or by both that fine and imprisonment. (f) (1) If a person is convicted of a violation of subdivision (a) for an offense that occurred within five years of the date of a prior offense that resulted in a conviction of a violation of subdivision (a), that person shall be punished by imprisonment in a county jail for not less than four days nor more than six months, and by a fine of not less than five hundred dollars ($500) nor more than one thousand dollars ($1,000). (2) If the perpetration of the most recent offense within the five-year period described in paragraph (1) proximately causes bodily injury to a person other than the driver, a person convicted of that second violation shall be imprisoned in a county jail for not less than 30 days nor more than six months and by a fine of not less than five hundred dollars ($500) nor more than one thousand dollars ($1,000). (3) If the perpetration of the most recent offense within the five-year period described in paragraph (1) proximately causes serious bodily injury, as defined in paragraph (4) of subdivision (f) of Section 243 of the Penal Code, to a person other than the driver, a person convicted of that second violation shall be imprisoned in the state prison, or in a county jail for not less than 30 days nor more than one year, and by a fine of not less than five hundred dollars ($500) nor more than one thousand dollars ($1,000). (4) The court shall order the privilege to operate a motor vehicle of a person convicted under paragraph (1), (2), or (3) suspended for a period of six months, as provided in paragraph (9) of subdivision (a) of Section 13352. In lieu of the suspension, the person’s privilege to operate a motor vehicle may be restricted for six months to necessary travel to and from that person’s place of employment and, if driving a motor vehicle is necessary to perform the duties of the person’s employment, restricted to driving in that person’s scope of employment. (5) This subdivision does not interfere with the court’s power to grant probation in a suitable case. (g) If the court grants probation to a person subject to punishment under subdivision (f), in addition to subdivision (f) and any other terms and conditions imposed by the court, which may include a fine, the court shall impose as a condition of probation that the person be confined in a county jail for not less than 48 hours nor more than six months. The court shall order the person’s privilege to operate a motor vehicle to be suspended for a period of six months, as provided in paragraph (9) of subdivision (a) of Section 13352 or restricted pursuant to subdivision (f).”)
    6.  Same. See also Vehicle Code 23109.1 VC – Speed contests causing injury. (“(a) A person convicted of engaging in a motor vehicle speed contest in violation of subdivision (a) of Section 23109 that proximately causes one or more of the injuries specified in subdivision (b) to a person other than the driver, shall be punished by imprisonment pursuant to subdivision (h) of Section 1170 of the Penal Code, or by imprisonment in a county jail for not less than 30 days nor more than six months, or by a fine of not less than five hundred dollars ($500) nor more than one thousand dollars ($1,000), or by both that fine and imprisonment. (b) This section applies to all of the following injuries: (1) A loss of consciousness. (2) A concussion. (3) A bone fracture. (4) A protracted loss or impairment of function of a bodily member or organ. (5) A wound requiring extensive suturing. (6) A serious disfigurement. (7) Brain injury. (8) Paralysis. (c) This section does not preclude or prohibit prosecution under any other provision of law.”)
    7.  CALCRIM 2201 – Speed Contest (Veh. Code, § 23109(c), (e)(2), (f)(1)–(3)). (“The defendant is charged [in Count ] with engaging in a speed contest [in violation of Vehicle Code section 23109]. To prove that the defendant is guilty of this crime, the People must prove that: 1. The defendant drove a motor vehicle on a highway; [AND] 2. While so driving, the defendant willfully engaged in a speed contest(./;) [AND] 3. The speed contest was a substantial factor in causing someone other than the defendant to suffer [serious] bodily injury.]”). See also Navarrete v. Meyer (Cal. App. 4th Dist., 2015), 237 Cal. App. 4th 1276, 188 Cal. Rptr. 3d 623. A “motor vehicle” includes a passenger vehicle (such as a car or pickup truck), motorcycle, bus or school bus, commercial vehicle, and a truck tractor.
    8.  CALCRIM 2201 – Speed Contest (Veh. Code, § 23109(c), (e)(2), (f)(1)–(3)). (“[A motor vehicle includes a (passenger vehicle/motorcycle/bus/ school bus/commercial vehicle/truck tractor/ <insert other type of motor vehicle>).]”)
    9.  CALCRIM 2201 – Speed Contest (Veh. Code, § 23109(c), (e)(2), (f)(1)–(3)). (“[The term highway describes any area publicly maintained and open to the public for purposes of vehicular travel, and includes a street.]”). A “highway” for purposes of the California Vehicle Code means any area that is publicly maintained and open to the public for purposes of vehicular travel. It includes pretty much all streets. It does not include property that is maintained by private entities and/or not open to the public for vehicle travel.
    10.  CALCRIM 2201 – Speed Contest (Veh. Code, § 23109(c), (e)(2), (f)(1)–(3)). (“Someone commits an act willfully when he or she does it willingly or on purpose. It is not required that he or she intend to break the law, hurt someone else, or gain any advantage.”)
    11.  Vehicle Code 23109 VC – Speed contests, subsection (b), endnote 1, above.
    12.  CALCRIM 2201 – Speed Contest (Veh. Code, § 23109(c), (e)(2), (f)(1)–(3)). (“A person engages in a speed contest when he or she uses a motor vehicle to race against another vehicle, a clock, or other timing device. [A speed contest does not include an event in which the participants measure the time required to cover a set route of more than 20 miles but where the vehicle does not exceed the speed limits.]”)
    13.  Same.
    14.  Vehicle Code 23109 VC – Speed contests, subsection (e)(1), endnote 3, above.
    15.  Same. A “restriction” means you may drive only for your job. If you violate those restrictions—or drive at all while your license is suspended—then you could face separate charges for Vehicle Code 14601 VC driving on a suspended license.
    16.  Vehicle Code 23109 VC – Speed contests, subsections (e) and (f), endnote 5, above.
    17.  Same.
    18.  Same.
    19.  Same.
    20.  See endnote 6, above.
    21.  Same.
    22.  Same. See also Penal Code 1170(h).
    23.  Penal Code 243(f)(4). (“”Serious bodily injury” means a serious impairment of physical condition, including, but not limited to, the following: loss of consciousness; concussion; bone fracture; protracted loss or impairment of function of any bodily member or organ; a wound requiring extensive suturing; and serious disfigurement.”). “Serious bodily injury” is a slightly lesser standard than the standard of “great bodily injury/harm” that plays a role in other California criminal law.
    24.  Vehicle Code 23109.2 VC – Impoundment of vehicle after speed contest. (“(a) (1) Whenever a peace officer determines that a person was engaged in any of the activities set forth in paragraph (2), the peace officer may immediately arrest and take into custody that person and may cause the removal and seizure of the motor vehicle used in that offense in accordance with Chapter 10 (commencing with Section 22650). A motor vehicle so seized may be impounded for not more than 30 days. (2) (A) A motor vehicle speed contest, as described in subdivision (a) of Section 23109. . . . (D) Exhibition of speed on a highway, as described in subdivision (c) of Section 23109. (b) The registered and legal owner of a vehicle removed and seized under subdivision (a) or their agents shall be provided the opportunity for a storage hearing to determine the validity of the storage in accordance with Section 22852. (c) (1) Notwithstanding Chapter 10 (commencing with Section 22650) or any other provision of law, an impounding agency shall release a motor vehicle to the registered owner or his or her agent prior to the conclusion of the impoundment period described in subdivision (a) under any of the following circumstances: (A) If the vehicle is a stolen vehicle. (B) If the person alleged to have been engaged in the motor vehicle speed contest, as described in subdivision (a), was not authorized by the registered owner of the motor vehicle to operate the motor vehicle at the time of the commission of the offense. (C) If the registered owner of the vehicle was neither the driver nor a passenger of the vehicle at the time of the alleged violation pursuant to subdivision (a), or was unaware that the driver was using the vehicle to engage in any of the activities described in subdivision (a). (D) If the legal owner or registered owner of the vehicle is a rental car agency. (E) If, prior to the conclusion of the impoundment period, a citation or notice is dismissed under Section 40500, criminal charges are not filed by the district attorney because of a lack of evidence, or the charges are otherwise dismissed by the court.”)
    25.  Same.
    26.  CALCRIM 2201 – Speed Contest (Veh. Code, § 23109(c), (e)(2), (f)(1)–(3)), endnote 9, above. See also Foley v. Superior Court (Cal. App. 4th Dist., 2004), 117 Cal. App. 4th 206, 11 Cal. Rptr. 3d 505.
    27. Vehicle Code 23109(c) VC — Exhibition of speed.
    28. Vehicle Code 23109(I) VC — Penalties for exhibition of speed.
    29. Same.
    30. California Vehicle Code 23103 VC – Reckless driving.
    31.  Vehicle Code 23103.5 VC – Reckless driving as a plea bargain.
    32.  Vehicle Code 23103 VC – Reckless driving, endnote 30 above.
    33. Vehicle Code 2800.1 VC – Flight from pursuing peace officer.
    34.  Vehicle Code 2800.1 VC – Flight from pursuing peace officer, endnote 33, above.
    35.  Vehicle Code 2800.2 VC – Flight from pursuing peace officer.

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