California (CA) Vehicle Code Section 23109(a) addresses the offense of engaging in a speed contest, commonly referred to as street racing. This statute is designed to deter and penalize anyone who participates in unauthorized speed competitions on public roadways.
If you are facing charges for allegedly violating CA Vehicle Code 23109(a), it’s important to learn about any California vehicle codes that may be relevant to your situation. The sooner you retain legal counsel, the sooner your attorney can start working on your case.
To get connected with a lawyer who can help in your case, reach out to Los Angeles DUI Lawyer. We’ve been getting people in touch with legal representation for decades, and we’re prepared to help you, too.
What is the Legal Definition of CA Vehicle Code 23109(a) – Engaging in a Speed Contest?
Under VC 23109(a), a person can be found guilty of engaging in a speed contest if they willfully participate in a race on a highway. This not only includes racing against other vehicles but also against a timing device, such as a stopwatch.
The key element is “willfully,” meaning you must have intentionally engaged in the activity with full knowledge of its nature. The law applies to all motor vehicles, including cars, motorcycles, trucks, and commercial vehicles like buses.
It is important to note that the offense must have occurred on a public roadway. Activities conducted on private property are not held to the same standards, nor do they fall under this statute.
Penalties for Violations
Engaging in a speed contest is classified as a misdemeanor under California state laws. The penalties for a conviction can include the following:
- Up to 90 days in county jail
- Fines ranging from $355 to $1,000 or more
- A mandatory license suspension or restriction for 90 days to six months
- Up to 40 hours of community service
- Vehicle impoundment up to 30 days
If you have a prior conviction under VC 23109(a) within the past five years, the penalties will increase if you violate the same statute again. Here’s what a second offense could mean in the context of legal penalties:
- A minimum of four days to a maximum of six months in county jail
- Fines up to $1,000 or more
- A mandatory six-month license suspension
- Community service up to 40 hours
In cases where the speed contest results in bodily injury, the penalties are often even more severe. If the injury is deemed serious, your offense could be charged as a felony rather than a misdemeanor.
If you’re facing a felony conviction, you could end up dealing with the following penalties:
- Between 16 months and three years in state prison
- Fines up to $10,000 or more
That said, if the injury is not classified as serious, you could still face a couple of consequences, such as:
- A minimum of 30 days to a maximum of six months in county jail
- Fines between $500 and $1,000 or more
Legal Defenses
Several defenses may be available to those who are charged under California Vehicle Code § 23109(a). These can be applied to your case with the help of a criminal defense attorney in Los Angeles.
It all comes down to successfully challenging the claims made by the prosecution. Your lawyer might be able to obtain reduced charges or even have them dismissed altogether. The success of your defense will likely hinge on the specific facts of the case.
The strength of the prosecution’s evidence and your lawyer’s ability to present a compelling alternative narrative will also play a role. Let’s take a look at a few examples of a defense strategy for a CA Vehicle Code 23109(a) violation.
Lack of Willful Participation
VC 23109(a) requires the individual to have willfully engaged in a speed contest. If the accused did not intentionally participate in or initiate the contest, they may not meet the statute’s legal threshold for a violation of this kind.
An example of this would be if someone was merely speeding to keep up with traffic or wasn’t aware that another driver on the road was attempting to race them. A lack of intent can be a strong defense, especially if there’s no direct evidence of coordination with another driver.
Insufficient Evidence
The burden is on the prosecution to prove every element of the charge beyond a reasonable doubt. If key evidence, such as eyewitness testimony, dashcam footage, or radar readings, is missing, unreliable, or open to interpretation, it can undermine the prosecution’s case.
Your defense attorney in Los Angeles may challenge the credibility of the evidence. They can also argue that the proof put forth by the prosecution does not definitively establish participation in a speed contest.
Private Property Exception
VC 23109(a) applies strictly to conduct occurring on public highways and streets. If the alleged speed contest took place entirely on private property, such as a racetrack or private parking lot, the statute may not apply.
However, this defense is limited, and your legal counsel must show that no part of the activity occurred on public roads. If any portion of the event involved a public thoroughfare, even if only for a moment, the private property exception may not hold.
Call Us Today to Connect With Los Angeles DUI Lawyers to Talk About Your CA Vehicle Code 23109(a) Case
California Vehicle Code Section 23109(a) is designed to deter the dangerous practice of street racing on public roadways. People charged under this statute could face legal penalties, including jail time, major fines, and license suspension.
At Los Angeles DUI Lawyer, we’ve helped thousands of people get in touch with lawyers who know how to handle serious charges, including CA Vehicle Code 23109(d) violations. When you reach out to us, we can help you access the resources you need for your case.
If you’re facing this kind of accusation, don’t wait to take action. Instead, contact us as soon as possible. We have decades of experience connecting people with attorneys who understand the ins and outs of California’s legal system.
