Los Angeles Speed Contest Defense: Understanding California VC § 23109 Charges

Facing speed contest charges in Los Angeles can lead to serious consequences, including fines, jail time, license suspension, and a criminal record that impacts your driving privileges and personal life. Under California Vehicle Code § 23109, engaging in a speed contest or exhibition of speed on a highway or public street is illegal. At Rogers | Beltran LLP, our experienced Los Angeles speed contest defense attorneys are dedicated to protecting your rights and fighting for the best possible outcome. Below, we explain the types of speed contest charges, what the prosecution must prove, common defenses, potential penalties, and critical information to help you navigate these charges.

Types of Speed Contest Charges in California

California Vehicle Code § 23109 addresses speed contests and related activities, such as street racing or exhibitions of speed. Charges vary based on the circumstances, such as whether injuries occurred or if the act was reckless. The most common charges include:

1. Misdemeanor Speed Contest (VC § 23109(a))

  • Description: Involves engaging in a speed contest on a highway or public street, such as racing another vehicle to determine which is faster.
  • Key Factors: Typically a misdemeanor; applies to non-injurious, non-aggravated cases.

2. Exhibition of Speed (VC § 23109(c))

  • Description: Involves intentionally accelerating or driving in a manner to show off or attract attention (e.g., burnouts, doughnuts, or rapid acceleration).
  • Key Factors: A misdemeanor; often charged alongside speed contests or reckless driving.

3. Speed Contest Causing Injury (VC § 23109.1)

  • Description: Involves engaging in a speed contest that causes bodily injury to another person.
  • Key Factors: A “wobbler” offense, charged as a misdemeanor or felony based on the severity of the injury or circumstances.

4. Related Charges

  • Description: Speed contest charges may be filed alongside related offenses, such as:
    • VC § 23103 (reckless driving).
    • VC § 23152 (DUI, if alcohol or drugs are involved).
    • PC § 245 (assault with a deadly weapon, if the vehicle is used to cause harm).
  • Key Factors: Multiple charges can increase penalties and complicate defense strategies.

What the District Attorney Must Prove in a Speed Contest Case

To secure a conviction under VC § 23109, the Los Angeles DA must prove the following elements beyond a reasonable doubt:

For Misdemeanor Speed Contest (VC § 23109(a)):

  1. Engaging in a Contest: You willfully participated in a speed contest against another vehicle, person, or timing device.
  2. On a Highway: The contest occurred on a public highway, street, or parking lot.
  3. Intent: You intended to engage in the speed contest.

For Exhibition of Speed (VC § 23109(c)):

  1. Willful Act: You intentionally drove in a manner to show off or display speed (e.g., spinning tires or accelerating rapidly).
  2. On a Highway: The act occurred on a public highway or street.
  3. Public Safety Risk: The act posed a risk to others or property.

For Speed Contest Causing Injury (VC § 23109.1):

  1. Speed Contest Elements: Same as above (willful contest on a highway).
  2. Bodily Injury: Your actions caused bodily injury to another person (e.g., a crash injuring a pedestrian or another driver).
  3. Causation: The injury was a direct result of the speed contest.

The DA relies on evidence such as police reports, dashcam or surveillance footage, witness statements, or vehicle damage. An experienced Los Angeles speed contest attorney can challenge this evidence to weaken the prosecution’s case.

Common Defenses to Speed Contest Charges in Los Angeles

A skilled defense attorney can employ several strategies to fight VC § 23109 charges. Common defenses include:

  1. No Intent to Race:
    • If you were not intentionally participating in a speed contest or exhibition, you may not be guilty.
    • Example: You were driving fast to keep up with traffic, not racing another car.
  2. Insufficient Evidence:
    • The prosecution may lack evidence to prove you were engaged in a speed contest or caused injury.
    • Example: No video or witness testimony confirms you were racing.
  3. Not on a Public Highway:
    • If the activity occurred on private property (e.g., a private track), VC § 23109 may not apply.
    • Example: You were speeding on a private lot with permission.
  4. False Accusations:
    • Charges may stem from misunderstandings or biased reporting by witnesses or police.
    • Example: A bystander mistook normal driving for a race.
  5. No Injury or Causation (for VC § 23109.1):
    • If no injury occurred or the injury was not caused by your actions, felony charges may be reduced or dismissed.
    • Example: The injury was caused by another driver’s negligence, not your speed contest.
  6. Mistaken Identity:
    • If you were not the driver involved, you cannot be held liable.
    • Example: Another vehicle with a similar description was racing.

At Rogers | Beltran LLP, our Los Angeles speed contest defense lawyers will thoroughly investigate your case to identify the most effective defense strategy for your situation.

Potential Penalties for Speed Contest Convictions in California

Penalties for speed contest convictions depend on the charge, circumstances, and your criminal history. As of July 2025, potential consequences include:

Misdemeanor Speed Contest or Exhibition of Speed (VC § 23109(a) or (c))

  • Jail Time: Up to 90 days in county jail.
  • Fines: Up to $1,000 (plus court fees).
  • License Suspension: Up to 6 months by the DMV.
  • Probation: Up to 3 years of informal probation, often with community service or traffic school.
  • DMV Points: 2 points on your driving record, which can lead to further suspension.

Speed Contest Causing Injury (VC § 23109.1)

  • Misdemeanor:
    • Jail Time: Up to 1 year in county jail.
    • Fines: Up to $1,000 (plus fees).
    • Probation: Up to 3 years of informal probation.
  • Felony:
    • Prison Time: 16 months, 2, or 3 years in state prison.
    • Fines: Up to $10,000.
    • License Suspension: Up to 1 year or longer.
    • Felony Record: Impacts employment, housing, and professional licenses.

Additional Consequences

  • Vehicle Impoundment: Your vehicle may be impounded for up to 30 days.
  • Increased Insurance Premiums: A conviction can lead to higher rates or loss of coverage.
  • Immigration Consequences: Non-citizens may face deportation or visa issues.
  • Civil Lawsuits: Victims of injuries may sue for damages, increasing financial liability.

What Else Should You Know About Speed Contest Charges in Los Angeles?

Speed contest charges under VC § 23109 can significantly impact your life, especially in Los Angeles’s strict enforcement environment. Here are additional details to understand:

The Speed Contest Charge Process in Los Angeles

  1. Investigation: Police may charge you based on observations, dashcam footage, or witness reports during traffic stops, street racing crackdowns, or accident investigations.
  2. Arrest and Booking: You may be booked and released on bail or your own recognizance.
  3. DMV Hearing: A conviction triggers a DMV review, potentially leading to license suspension. You may request a hearing to challenge this.
  4. Court Proceedings: Your case involves arraignment, pre-trial motions, and possibly a trial. Plea deals may reduce charges (e.g., from felony VC § 23109.1 to misdemeanor VC § 23109(a)).

Why You Need a Los Angeles Speed Contest Attorney

Navigating VC § 23109 charges requires legal expertise due to complex evidence and DMV consequences. An experienced attorney can:

  • Challenge the prosecution’s evidence, such as proof of intent, to seek dismissal or reduction of charges.
  • Negotiate plea deals to avoid jail time or license suspension.
  • Represent you in court and DMV hearings to protect your driving privileges.
  • Mitigate impacts on your employment or immigration status.

At Rogers | Beltran LLP, our Los Angeles speed contest defense attorneys have a proven track record of helping clients mitigate the consequences of these charges.

How to Protect Yourself After a Speed Contest Charge

  1. Do Not Admit Guilt: Avoid discussing the case with anyone except your attorney, as statements can be used against you.
  2. Document Evidence: Keep records of witnesses, videos, or events supporting your defense (e.g., proof you were not racing).
  3. Request a DMV Hearing: Contact the DMV within 10 days of arrest to challenge license suspension.
  4. Hire an Attorney Immediately: Early intervention can lead to dismissed charges or reduced penalties.

Los Angeles-Specific Considerations

  • Street Racing Culture: Los Angeles’s car culture and busy streets (e.g., Hollywood, South LA) lead to frequent speed contest enforcement, especially during crackdowns.
  • Local Courts: Cases are typically heard in courts like the Los Angeles Superior Court or Van Nuys Courthouse, each with unique procedures.
  • Urban Context: Heavy traffic or crowded events can lead to misinterpretations of driving behavior, providing defense opportunities.

Contact Rogers | Beltran LLP for Seasoned Speed Contest Defense in Los Angeles

A California speed contest charge under VC § 23109 doesn’t have to define your future. At Rogers | Beltran LLP, our dedicated Los Angeles speed contest attorneys are committed to protecting your rights and fighting for the best possible outcome. Whether you’re facing a misdemeanor or felony charge, we have the expertise to build a strong defense.

Call us today at (213) 900-9004 or fill out our online contact form for a free, confidential consultation. Let us help you navigate the legal process and safeguard your future.