California’s Street Racing Laws – What You Need to Know
What is Street Racing?
In California, engaging in unauthorized vehicle races is illegal and considered a dangerous offense. According to California Vehicle Code 23109, participating in or aiding a street race on public roads or highways is a criminal act. The law not only targets drivers but also spectators and anyone who facilitates or encourages these events. Given the frequent fatalities and injuries linked to such activities, California imposes strict penalties to discourage street racing.
Defined as two or more vehicles racing or competing in a speed contest on public roads without legal authorization, street racing includes drag racing, speed contests, and exhibitions where drivers test their vehicle’s power and driving skills. Unlike sanctioned races at designated tracks, these events take place on public roads, putting drivers, passengers, pedestrians, and other motorists at significant risk.
Key Provisions of California’s Street Racing Laws
Participation in a Speed Contest
Under Vehicle Code § 23109(a), it is illegal to engage in street racing, whether it’s part of an organized event or an impromptu race between drivers. For example, if two drivers spontaneously decide to race each other at a stoplight, rev their engines, and speed off down a public road, both drivers can be charged with participating in a speed contest—even if there is no formal race setup.
Exhibition of Speed
Vehicle Code § 23109(c) prohibits exhibitions of speed, which includes showing off by accelerating rapidly, doing burnouts, or performing other dangerous driving stunts in front of an audience. For instance, if someone spins their tires and does “donuts” in a parking lot while a crowd watches, even though no race is involved, this behavior can lead to criminal charges due to the risks it poses.
Spectator Participation
California law also criminalizes being a spectator at illegal street racing events. Under Vehicle Code § 23109(b), those who attend these events knowingly can face charges, even if they don’t drive. An example is someone who goes to an organized street race in an industrial area, parks nearby, and watches the race unfold. This person could be charged with being an unlawful spectator, regardless of whether they were directly involved in the race.
Aiding and Abetting
People who assist in planning, promoting, or facilitating street races are also subject to penalties under Penal Code § 31. This can include individuals who act as lookouts, block off roads, or even provide a location for the race. For example, a business owner who allows street racers to use their empty warehouse parking lot for races, or someone who posts event details on social media, can be charged for aiding and abetting illegal street racing.
These laws are designed to tackle street racing from all angles, ensuring that not only drivers but anyone involved in the organization or promotion of these dangerous activities can be held accountable.
Penalties for Street Racing in California
California imposes strict penalties for street racing to deter this dangerous activity. For a first offense, street racing is typically charged as a misdemeanor. Penalties can include fines ranging from $355 to $1,000, 24 hours to 90 days in county jail, and a driver’s license suspension for up to six months. The court may also impound the offender’s vehicle for up to 30 days at their expense.
Repeat offenders face harsher penalties, including longer jail sentences, higher fines, and extended license suspensions. If a street race results in injury, charges can escalate to felonies, with offenders facing up to 16 months, two years, or three years in state prison. If the race results in a death, more severe charges, such as vehicular manslaughter or even second-degree murder, could apply, carrying much longer prison sentences or life in prison.
Spectators of street races can also be penalized. Those found guilty of attending a street race may face a $1,000 fine, community service, and probation.
Legal Defenses to Street Racing Charges
Defending against street racing charges requires a thorough examination of the facts and circumstances of the case. Several legal defenses may apply depending on the situation:
Lack of Intent to Race
One of the primary elements prosecutors must prove is that you intended to engage in a speed contest. If you were speeding but had no intention of racing another vehicle, this can be a valid defense. For example, if you were driving fast to keep up with traffic or simply driving recklessly without participating in a race, it may not meet the legal standard for street racing.
Unlawful Traffic Stop
Law enforcement must have reasonable suspicion or probable cause to pull you over. If the stop was conducted unlawfully, your defense attorney can argue that any evidence collected, including speed radar readings or video footage, is inadmissible in court. Challenging the legality of the traffic stop can weaken the prosecution’s case and potentially lead to dismissal.
Mistaken Identity
Street racing events can be chaotic, with multiple vehicles and spectators. It’s possible that you were wrongly identified as a participant or that your vehicle was confused with another. If there’s insufficient evidence linking you to the actual race, mistaken identity can be a powerful defense.
Inaccurate Speed Measurements
In some cases, the equipment used to measure speed, such as radar guns, may not have been properly calibrated or maintained. If there’s any doubt about the accuracy of the speed measurements, your defense attorney can challenge this evidence and undermine the prosecution’s case.
Preventing Street Racing: California’s Efforts
California has taken proactive measures to reduce street racing, especially in urban areas like Los Angeles, where street racing culture is more prominent. Some of these measures include:
- Increased police presence in known street racing hotspots.
- Use of helicopters to track racers, making it harder for them to flee.
- Public awareness campaigns highlighting the dangers of street racing.
- Special task forces dedicated to cracking down on illegal racing and promoting sanctioned events at legal race tracks.
Despite these efforts, illegal street racing continues to occur, especially with the influence of social media, where races can be quickly organized and publicized. Law enforcement remains vigilant in monitoring and breaking up these races to protect public safety.
Protect Your Rights: Contact an Experienced Street Racing Defense Attorney in Los Angeles
If you are facing charges under California’s Vehicle Code § 23109 for street racing or related offenses, it’s crucial to have knowledgeable legal representation. At The Law Offices of Arash Hashemi, we are committed to defending clients against serious criminal charges, including illegal street racing. Attorney Arash Hashemi understands the complexities of street racing laws and will work diligently to protect your rights and driving privileges.
To speak with Attorney Hashemi directly, call us at (310) 448-1529. You can also schedule a 15-minute consultation by using our secure online scheduling system. During the consultation, we’ll review your case, discuss possible defenses, and outline the best course of action to fight the charges.
Schedule a Consultation:
- Phone: (310) 448-1529
- Email: Contact@hashemilaw.com
- Address: 11845 W Olympic Blvd #520, Los Angeles, CA 90064
- Office Hours: Monday to Friday, 8:30 AM – 5:00 PM, with flexible scheduling options available, including weekend appointments.
We are conveniently located in the Westside Towers in Los Angeles, serving clients throughout Santa Monica, Beverly Hills, and Westwood. Contact us today to discuss your case and get the legal help you need.
