VC 23109 is a California Vehicle Code section making it unlawful to race your vehicle against:
— another vehicle
— a clock, or
— any timing device (stopwatch, etc.).
23109 a is also known as an “exhibition of speed” charge or a “speed contest” charge. Think of the movie The Fast and the Furious – California law says you can’t do that. It’s not uncommon to want to show off your new souped-up car in a street race, but if caught by the police, you may be facing some severe consequences.
Are There Any Defenses to VC 23109?
23109 a states it is NOT unlawful to participate in an event which follows a prescribed route of over 20 miles, if you stay within the speed limit. 23109(a) specifically states that such an event is NOT a speed contest or an exhibition of speed.
What are the Consequences of VC 23109?
If you are convicted of VC 23109, depending on how the crime was charged, you may end up with either an infraction or a misdemeanor on your record.
If charged as a misdemeanor and you are convicted, then that misdemeanor will go on your criminal record. If charged as an infraction and you are convicted, then the charge won’t go down on your criminal record (infractions don’t carry potential jail time and aren’t made part of your “criminal” record for background searches).
Further, if you’re convicted of exhibition of speed, whether as an infraction or as a misdemeanor, you are facing up to a 6 month suspension of driver’s license. This is probably the worst part of the 23109 charge, because a conviction could affect your right to drive.
Get Help with VC 23109
If you are being charged with VC 23109 and need help from a traffic ticket attorney, you can reach me for a free consultation below.
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