CA Vehicle Codes restrict public displays of excessive speed and engaging in drag racing on public roads.
In this blog post, we will examine the specific legal definitions of a speed contest or exhibition of speed. Also, the criminal activity surrounding “side shows” and the potential repercussions individuals may encounter upon conviction of participating or aiding and abetting a sideshow or speed contest.
In light of safety concerns, most states have implemented legislation prohibiting hazardous driving behaviors such as street racing, drag racing, aggressive accelerations, reckless spinning maneuvers, and other actions to showcase speed on public roadways.
What Is a Speed Contest or Exhibition of Speed?
The specific interpretation of the terms speed contest or exhibition of speed varies across different states encompasses various ways drivers showcase their vehicle's acceleration capabilities.
For the purposes of this blog post, we will use CA traffic law only.
However, CA Vehicle Code (VC) Section 23109, Driving Offenses, defines a “speed contest” as:
(a) A person shall not engage in a motor vehicle speed contest on a highway or in an off-street 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 limits, is not a speed contest.
Speed contests might also include:
- Rapid accelerations
- High-speed competitions
- The simultaneous rapid start alongside another vehicle, usually accompanied by screeching tires.
- Driving or initiating a side-by-side competition with another vehicle.
- An unsafe lane change, particularly when done repeatedly and unnecessarily.
No one should aid or abet in blocking off streets or parking areas for the purpose of a speed contest or exhibition of speed.
(c) A person shall not engage in a motor vehicle exhibition of speed on a highway or in an off-street parking facility, and a person shall not aid or abet in a motor vehicle exhibition of speed on any highway or in an off-street parking facility.
Although the VC does not specifically define what an “exhibition of speed” is, CA Superior Court judges typically view the following as such:
- Rapid acceleration (burn out or peel out).
- Screeching or squawking of tires.
- Causing unnecessary engine noises, such as excessive revving.
- Sliding when braking or decelerating (drifting)
- Driving in tight circles while accelerating (doing donuts).
Although these are the most common, there are other situations a judge might deem as an exhibition of speed. Likewise, some manifestations of an exhibition of speed may also lead to reckless driving charges.
These are misdemeanor crimes that require jail time or probation and will leave you with a permanent scar on your record.
When you have been cited or arrested for participating in a sideshow, a speed contest or exhibition of speed, or aiding and abetting in one of these, you should immediately exercise your “right to remain silent” and contact a traffic attorney with trial experience.
Contact Bigger & Harman About a Speed Contest or Exhibition of Speed Charge
When facing a speed contest or exhibition of speed in Bakersfield, Lamont, Delano, Mojave, Ridgecrest, or Shafter Courthouse in Kern County, avoid making a statement to police or court officials before speaking with an attorney. Contact the Bakersfield Traffic Defense Team of Bigger & Harman, APC. Give us a call at (661) 349-9300. Se habla Español (661) 349-9755.
Use the contact form to schedule a consultation, or email us at attorney@biggerharmanlaw.com.
References:
The Bankrate.com article, Average cost of car insurance in CA for 2023.
The CA Driver Handbook Englishy Español.
CA VC Section 23109, Driving Offenses.