The California Vehicle Code (CVC) makes engaging in street racing or a dangerous driving display illegal. CVC 23109 also makes organizing or helping with these shows a violation and a crime.
Drivers engaged in these activities can also be held liable for the accidents they cause and the injuries victims are left with. They’d have to provide support to pay for any victim’s medical bills, lost income, and pain and suffering.
(a) A person shall not engage in a motor vehicle speed contest on a highway or in an offstreet parking facility. 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 in which the vehicle does not exceed the speed limit, is not a speed contest.
What Type of Racing and Sideshows Are Illegal in California?
CVC 23109 makes criminal charges possible for anyone who engages in a speed contest where they compete against other drivers or a timer. It’s illegal on a California public road or in a parking lot or parking garage.
The Code makes it clear that most races that go for more than 20 miles where drivers don’t exceed the speed limit wouldn’t be considered street racing.
The Code also makes “exhibitions of speed” and what may be known as “sideshows” or “street takeovers” illegal. These are shows where drivers don’t race, but instead try to impress others with hazardous stunts. Crowds can suddenly gather to attempt tricks like doughnuts, drifting, and ghost riding (exiting the vehicle while still driving).
Aiding and Abetting: People who “aid and abet” street racing or sideshows can also be charged under the code. Helping organize these events can lead to charges. The placement of barriers or the assistance in placing barriers is illegal. Blocking streets or parking areas can also earn a citation. “Abetting” can mean showing encouragement and support for an event by attendance and the urging on of drivers. It means that people attending a street takeover can be charged under CVC 23109.
See: More on what to do if you are hurt by a street racing driver.
The Punishment for Racing and Sideshows
Aside from being responsible for any harm caused to other drivers and pedestrians, participants in sideshows can face criminal charges.
Potential punishments depend on which subsection of the vehicle code they are charged under. The punishment also depends on whether violators are charged with speed contests or an exhibition of speed.
Ordinary first conviction of Speed Contest. No Injury. County jail for not less than 24 hours and not more than 90 days, or a $355 to $1,000 fine (plus court fees), or both. 40 hours of community service. Up to a six-month license suspension. Up to 30-day impoundment of vehicle at owner’s expense.
Conviction with Injury or Fatality in a Speed Contest. County jail for not less than 30 days and not more than six months, or a fine of $500 to $1,000 (plus court fees), or both.
Second ordinary conviction within 5 years for a Speed Contest. County jail for not less than four days and not more than six months, or a fine of not less than $500 and not more than a $1000 (plus court fees), or both.
Second conviction within 5 years with Injury or Fatality for a Speed Contest. County jail for not less than a month and not more than six months, or a fine of not less than $500 and not more than $1,000 (plus court fees), or both.
Exhibition of Speed, Aiding and Abetting, or Placing Barriers. Up to 90 days in a county jail, or a $500 fine (plus court fees), or both.
Thanks to an amendment, there is a change coming to the way Exhibition of Speed at a Side Show violators are punished under 23109(c). Starting in 2029, those convicted can receive a 90-day to 6-month license suspension.
How Do I Know If I Need a Lawyer After a California Accident?
If you are seriously hurt by a reckless driver’s mistake, it’s a good idea to talk over your case with a skilled California car accident lawyer. That can include a driver accused of street racing or taking part in a dangerous exhibition.
With a more serious injury, you’ll need much more in support to pay for recovery, and that means car insurance companies will fight you harder on accepting blame. A lawyer can fight back on your behalf.
Maison Law offers a free case consultation to all injured California accident victims. It’s confidential, and it comes with no obligation.
If you do need our help, you don’t have to worry about how you’ll pay a lawyer at such a difficult time. We are only paid if we win your case, and then our fee comes out of the settlement you receive.