Speed Contest – CVC 23109

As any California criminal lawyer will tell you, speed contests, speed racing, or drag racing is a misdemeanor punishable through fines, jail time, and community service. What’s more, the car used in the contest can be impounded and, if driving privileges are somehow not suspended, insurance can be canceled or subject to stiff surcharges and rate increases, DMV points will go on your license, and you will have a permanent criminal record. And as if those penalties aren’t bad enough, they get worse if somebody was a killed as result of the event, of if you’ve been previously convicted of a similar violation.

Speed Contest Definition

Speed contests are discussed in California Vehicle Code section 23109. Charges for speed contest, which is generally defined as racing against another car, clock, or timing device, may include:

• Traveling at speeds excessive for the road and traffic conditions;
• Jockeying for position, e.g. with lane changes;
• Rapid acceleration; or
• Assisting to organize a speed contest.

If an arresting officer observes squealing tires—either while the car is moving or at rest—smoke from the tires, visible acceleration marks, rapid acceleration, or weaving through traffic, it could result in speed racing charge. To prove the charge, it must be shown beyond a reasonable doubt that you were a) driving the car and b) willfully engaged in a speed contest. If you’re convicted, you’ll face prison time up to 90 days, and fines up to $1000 dollars.

If a Speed Contest Causes Injury

If it is also proven that the speed contest caused someone other than you serious bodily injury, the charge is considered a felony, not a misdemeanor. Such injuries can include bone damage, disfigurement, wounds requiring stitches, concussions, or loss or impairment of body function (organs or limbs). Consequences for felony conviction will result in increased fines and imprisonment, as well as restitutions payments to your victim(s).

Even if an injury did not incur, being convicted of a speed contest charge has a serious impact on your life, especially if you lose your license. If you’ve been charged, and especially if there was an injury involved, and would like to consult with a knowledgeable California speed contest attorney, complete the form on this page or call Daniel Cota at 800-351-6860.