California Vehicle Code Section 23109(d) addresses the act of placing a barrier on a highway to facilitate or aid in a motor vehicle speed contest. This statute targets those whose actions contribute to the occurrence of illegal speed contests on public roadways.
Are you facing legal consequences as a result of violating this law? Perhaps you’re simply interested in learning more about what it entails. In either case, learning more about the California vehicle codes can bring you the answers you’re looking for. And make sure to reach out to Los Angeles DUI Lawyer to get connected with a lawyer who can help with your case.
Legal Definition of CA Vehicle Code 23109(d) – Placing a Barrier on a Highway Incident to a Speed Contest
Under VC 23109(d), it is unlawful for anyone to place a barricade or an obstruction—or even assist with placing either of these obstacles—on a highway. This cannot be done for the sake of facilitating or aiding a motor vehicle speed contest or speed exhibition.
The term “highway” is broadly defined in California law, so it includes any publicly maintained street, road, or thoroughfare that is open to the public for vehicular travel. This definition not only includes major freeways but also smaller streets and avenues within cities and towns.
The statute is designed to target people who actively contribute to the organization or execution of illegal speed contests by setting up physical barriers or obstructions. These actions are considered criminal for two main reasons:
- They directly facilitate the unsafe and unlawful activity of street racing.
- They seriously increase the risks to other people’s safety in public.
Legal Elements of a CA Vehicle Code 23109(d) – Placing a Barrier on a Highway Incident to a Speed Contest Offense
Before you can be convicted under VC 23109(d), the prosecution must prove that the following elements are true about you beyond a reasonable doubt:
- Placement of a barrier or obstruction: You must have placed or assisted in placing a physical barrier or obstruction on a highway. This could involve setting up cones, barricades, or other physical structures that impede the normal flow of traffic.
- Intent to facilitate a speed contest: You must have had the specific intent to aid or facilitate a motor vehicle speed contest or exhibition of speed. This means that your actions were not accidental or incidental. Rather, they were purposefully carried out with the intention of enabling an illegal race.
- Occurrence on a highway: The act must have taken place on a highway as defined by California law. This ensures that the statute only applies to public roadways, not private property or other areas that are closed to public vehicular traffic.
It’s important to note that the statute does not require the actual occurrence of a speed contest or exhibition of speed. All the prosecution needs to prove is that the defendant’s actions were intended to facilitate an event of this kind.
Penalties for the Violation of CA Vehicle Code 23109(d) – Placing a Barrier on a Highway Incident to a Speed Contest
If you are accused of violating VC 23109(d), your offense could be classified as a misdemeanor in California. Then, if you are officially convicted, you might face the following penalties:
- Up to 90 days in county jail
- Fines up to $1,000 or more
- Community service requirements
These penalties are designed to reflect the seriousness with which California treats actions that contribute to the occurrence of illegal speed contests. The state aims to deter this behavior by imposing significant consequences on those who facilitate these dangerous activities.
Legal Defenses Your Los Angeles DUI Attorneys Can Apply to Your CA Vehicle Code 23109(d) Case
If you’re facing a CA Vehicle Code 23109(d) violation, your Los Angeles DUI lawyers might apply the following defenses when representing you. Let’s take a look at a few examples of your attorney’s potential defense strategy:
- Lack of intent: If you can show you did not have the specific intent to facilitate a speed contest, this could serve as a valid defense. For instance, perhaps the barrier was placed for a purpose unrelated to street racing, such as for construction or maintenance work, and there was no intent to aid a speed contest. The charge may not stand.
- Absence of a speed contest: If neither a speed contest nor an exhibition of speed occurred as a result of your actions, your lawyer can try to use this as part of your defense. However, the statute focuses on the intent to facilitate such an event, so the actual occurrence of a race may not be necessary for a conviction.
- Mistaken identity or lack of evidence: In some cases, your lawyer might argue that you were mistakenly identified or that there is insufficient evidence to prove your involvement in the placement of the barrier or obstruction.
Each case is unique, and the applicability of these defenses will depend on the specific circumstances surrounding your alleged offense.
Call Us to Connect With Los Angeles DUI Lawyers Who Can Represent You in Your CA Vehicle Code 23109(d) Case
In summary, CA Vehicle Code 23109(d) aims to criminalize the act of placing either barriers or obstructions on highways with the intent to facilitate speed-focused events. The goal of this statewide statute is to deter people from engaging in behaviors that endanger public safety.
If you’re being accused of violating CA Vehicle Code 23109(d) – Placing a Barrier on a Highway Incident to a Speed Contest, reach out to us as soon as possible. At Los Angeles DUI Lawyer, we have connected thousands of people with attorneys who can help them.
We have decades of experience pointing people like you in the direction of lawyers who understand California state laws and know what it takes to represent you. Contact us at your earliest convenience to receive the resources you need to proceed with your case.
