When is a contest more than just a contest? When it's a speed contest. In this article, we will discuss the state of California's speeding laws and some specific provisions dealing with speed contests.

Although underground street racing is frequently portrayed in movies, it can also lead to criminal charges. California Vehicle Code Section 23109(a) VC makes speeding a criminal offense and can lead to severe penalties.

A prosecutor must prove the following elements to convict someone of speeding:

• The defendant was the one driving a vehicle on a highway.
• And while driving, the defendant deliberately engaged in a speed contest.

Speed contests are when one person uses a motor vehicle to race against another vehicle, clock, or any other timing device. Speed contests do not include events where participants are required to measure time for covering a route greater than 20 miles, but the vehicle does not exceed speed limits.

Highways are any public area that is maintained and accessible to the public for vehicular travel. They also include public streets.

Examples of Engaging In A Speed Contest in California

A man challenges his friend in a race car on the city streets. Two friends race against one another in the middle of the night when traffic is almost non-existent. They reach speeds much faster than the posted speed limit during the race. The drivers could face criminal charges for engaging in speed contests in violation of California Vehicle Code Section 23109(a).

Another example is when a group of friends decides to create a driving challenge. The group plots a course that takes them along freeways for almost 30 miles. They agree to race, but no driver can go faster than the speed limit or violate any traffic laws. The speed contest statute does not apply to this situation. As long as the drivers comply with the law, they would not be prosecuted.

In another example, a man is driving at night faster than the speed limit on a freeway. He spots another unknown that tries to catch up with him but is unsuccessful. Law enforcement stops both vehicles. Both vehicles are stopped by law enforcement. The driver of one vehicle admitted that he tried to race the man. However, the man didn't realize it. The man could be charged with speeding but would not be prosecuted for participating in a speed race because he didn't intend to do so.

Defenses to Engaging In A Speed Contest in California

As stated in the earlier example, if the defendant did not deliberately engage in a speed contest or if the speed contest followed the guidelines dictated by the statute, the defendant will not be charged guilty of this offense. In addition, if the speed contest happened on private property, there is no criminal liability under the statute. 

Penalties for Speed Contests – VC 23109

Speed contests are a misdemeanor and can result in between one and ninety-day imprisonment and $355 to $1,000 in court fines. Anybody convicted will be required to complete 40 hours of community service. A court can also suspend the defendant's driving privileges for up to six months. 

Similar Offenses
The following are offenses similar to speed contests:

• California Vehicle Code Section 23103 VC - Reckless Driving 
• California Vehicle Code Section 223152(b) VC - Driving with a Blood Alcohol content of 0.08 Percent or More
• California Vehicle Code Section 23152(a) VC- DUI charges (alcohol and/or drugs)

Speed contest causing injury

If the speed contest causes bodily injury to another person, then the penalties are increased to:

• Minimum thirty (30) days, maximum six (6) months in county jail
• A fine between five hundred dollars ($500) and one thousand dollars ($1,000)

If the speed contest causes serious bodily injury to another person, it is referred to as a "wobbler". The offense can be charged either as a misdemeanor or as a California felony depending on the prosecutor's discretion.

If charged as a misdemeanor, a speed contest causing serious bodily harm in California is punishable by:

• Thirty (30) days to one (1) Year in County Jail
• A fine of five hundred dollars ($500) or one thousand dollars ($1,000) could be imposed

If charged as a felony, a speeding contest causing serious bodily injury is punishable with a sentence of:

• 16 months, 2 years, or 3 years
• a potential fine of up to ten thousand dollars ($10,000)  

Serious bodily injury, slightly lower than " serious bodily injury", plays an important role in California's criminal law.

For Vehicle Code 23109 VC, serious bodily injury refers to serious impairment in physical condition including but not limited to:

• Loss of consciousness
• Concussion
• Bone fracture
• Permanent loss of function or impairment of any organ or body member
• A wound that requires extensive suturing
• Serious disfigurement

Prior speed contest conviction  

Your misdemeanor penalties will increase if you have a prior conviction for a speeding contest within five (5) years.

• Minimum four (4) days, maximum six (6) months in county jail
• A fine between five hundred ($500) and one thousand dollars ($1,000)
• For six (6) months, a mandatory suspension of or restriction on your driver's license

Additionally, if you are sentenced to misdemeanor probation, and this is your second or third conviction for a speed contest within 5 years, you will still have to spend at least forty-eight hours (48) in county jail.

What should I do if I'm charged with speed contests?

Speed contests in California are considered serious offenses. It is essential to find a dedicated, skilled criminal defense attorney if you are charged with speed contests. Your freedom, rights, and livelihood are at risk.

A professional criminal defense attorney might be able to:

• Use a plea bargain to negotiate a lesser charge
• Reduce your sentence
• Get charges dismissed completely

Speed contests are illegal and unsafe. If you're caught, you could face serious penalties -- fines, jail time, and the loss of your license. And the costs don't end there. Insurance rates will likely go up after an arrest or conviction for speeding. So if you get a ticket for speed contest, make sure to hire a criminal defense lawyer in California who can defend your rights and help keep this kind of situation from affecting your life in the future.