SPEED EXHIBITIONS/SPEED CONTESTS - CVC-23109
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Information About the Exhibition of Speed & Speed Contests in California
EXHIBITIONS OF SPEED/SPEED EXHIBITIONS â CVC-23109 AND SPEED CONTESTS - CVC-23109
Regarding Exhibitions of Speed/Speed Exhibitions/Speed Contests - CVC-23109, note that this sections states that âA person shall not engage in a motor vehicle exhibition of speed on a highwayâŠâ CVC § 23109(c). One should not confuse an âexhibition of speedâ with a âspeed contest.â The latter situation involves two or more motorists or drivers racing and does not require any particular type of audience to justify a violation of law. Thus, as CVC-23109 makes clear, there are differences between Exhibitions of Speed/Speed Exhibitions/Speed Contests - CVC-23109.
EXHIBITION OF SPEED/SPEED EXHIBITIONS â CVC-23109(C).
Regarding Exhibitions of Speed/Speed Exhibitions - CVC-23109, note that this sections states that âA person shall not engage in a motor vehicle exhibition of speed on a highwayâŠâ CVC § 23109(c). One should not confuse an âexhibition of speedâ with a âspeed contest.â The latter situation involves two or more motorists or drivers racing and does not require any particular type of audience to justify a violation of law.
SPEED CONTESTS â CVC-23109
Regarding Speed Contests and the differences between Exhibitions of Speed/Speed Exhibitions/Speed Contests - CVC-23109, it must first be noted that speed contests are forbidden by law. Callahan v. City and County of San Francisco (1967) 249 Cal.App.2d 696. Accelerating an automobile in such a manner as to cause the rear tires to lose traction was conduct that fell within the provision of this section prohibiting a person from engaging in any motor vehicle exhibition of speed on a highway. In In re F. E. (1977) 67 Cal.App.3d 222.
In People v. Grier (1964) 226 Cal.App.2d 360 the Court held that excessive acceleration of automobile on highway in highly developed and populated area in such manner as to cause tires to scream loudly and to lose traction on highway constituted âexhibition of speed on highwayâ within proscription of this section. The California Attorney General rendered an opinion, found at 38 Op.Atty.Gen. 102 that acceleration so rapid as to break the traction between a vehicle's tires and the pavement may constitute an exhibition of speed within the meaning of the Vehicle Code, regardless of whether another vehicle is involved, or whether the posted speed limit is violated.
Furthermore, the statute prohibiting aiding or abetting in âany motor vehicle exhibition of speed on any highwayâ imposed on a car's passenger personally an independent duty not to encourage or assist the driver in engaging in an unlawful exhibition of speed, and that duty inured to bystanders and other vehicles on the roadways. Navarrete v. Meyer (2015) 237 Cal.App.4th 1276.
A loss of traction for 20-25 feet, âin the early morning hours, on a street adjacent to a college campus, as a result of [a driverâs] acceleration,â provided sufficient legal grounds to make an enforcement stop for a suspected exhibition of speed. Brierton v. Department of Motor Vehicles (2005) 130 Cal.App.4th 499, 510.
As one can see, there are differences between the categories under CVC-23019 for Exhibitions of Speed/Speed Exhibitions/Speed Contests - CVC-23109
VEHICLE CODE § 23109 - THE STATUTE
(a) A person shall not engage in a motor vehicle speed contest on a highway. 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 where the vehicle does not exceed the speed limits, is not a speed contest.
(b) A person shall not aid or abet in any motor vehicle speed contest on any highway.
(c) A person shall not engage in a motor vehicle exhibition of speed on a highway, and a person shall not aid or abet in a motor vehicle exhibition of speed on any highway.
(d) A person shall not, for the purpose of facilitating or aiding or as an incident to any motor vehicle speed contest or exhibition upon a highway, in any manner obstruct or place a barricade or obstruction or assist or participate in placing a barricade or obstruction upon any highway.
(e)(1) A person convicted of a violation of subdivision (a) shall be punished by imprisonment in a county jail for not less than 24 hours nor more than 90 days or by a fine of not less than three hundred fifty-five dollars ($355) nor more than one thousand dollars ($1,000), or by both that fine and imprisonment. That person shall also be required to perform 40 hours of community service. The court may order the privilege to operate a motor vehicle suspended for 90 days to six months, as provided in paragraph (8) of subdivision (a) of Section 13352. The person's privilege to operate a motor vehicle may be restricted for 90 days to six months to necessary travel to and from that person's place of employment and, if driving a motor vehicle is necessary to perform the duties of the person's employment, restricted to driving in that person's scope of employment. This subdivision does not interfere with the court's power to grant probation in a suitable case.
(2) If a person is convicted of a violation of subdivision (a) and that violation proximately causes bodily injury to a person other than the driver, the person convicted shall be punished by imprisonment in a county jail for not less than 30 days nor more than six months or by a fine of not less than five hundred dollars ($500) nor more than one thousand dollars ($1,000), or by both that fine and imprisonment.
(f)(1) If a person is convicted of a violation of subdivision (a) for an offense that occurred within five years of the date of a prior offense that resulted in a conviction of a violation of subdivision (a), that person shall be punished by imprisonment in a county jail for not less than four days nor more than six months, and by a fine of not less than five hundred dollars ($500) nor more than one thousand dollars ($1,000).
(2) If the perpetration of the most recent offense within the five-year period described in paragraph (1) proximately causes bodily injury to a person other than the driver, a person convicted of that second violation shall be imprisoned in a county jail for not less than 30 days nor more than six months and by a fine of not less than five hundred dollars ($500) nor more than one thousand dollars ($1,000).
(3) If the perpetration of the most recent offense within the five-year period described in paragraph (1) proximately causes serious bodily injury, as defined in paragraph (4) of subdivision (f) of Section 243 of the Penal Code, to a person other than the driver, a person convicted of that second violation shall be imprisoned in the state prison, or in a county jail for not less than 30 days nor more than one year, and by a fine of not less than five hundred dollars ($500) nor more than one thousand dollars ($1,000).
(4) The court shall order the privilege to operate a motor vehicle of a person convicted under paragraph (1), (2), or (3) suspended for a period of six months, as provided in paragraph (9) of subdivision (a) of Section 13352. In lieu of the suspension, the person's privilege to operate a motor vehicle may be restricted for six months to necessary travel to and from that person's place of employment and, if driving a motor vehicle is necessary to perform the duties of the person's employment, restricted to driving in that person's scope of employment.
(5) This subdivision does not interfere with the court's power to grant probation in a suitable case.
(g) If the court grants probation to a person subject to punishment under subdivision (f), in addition to subdivision (f) and any other terms and conditions imposed by the court, which may include a fine, the court shall impose as a condition of probation that the person be confined in a county jail for not less than 48 hours nor more than six months. The court shall order the person's privilege to operate a motor vehicle to be suspended for a period of six months, as provided in paragraph (9) of subdivision (a) of Section 13352 or restricted pursuant to subdivision (f).
(h) If a person is convicted of a violation of subdivision (a) and the vehicle used in the violation is registered to that person, the vehicle may be impounded at the registered owner's expense for not less than one day nor more than 30 days.
(i) A person who violates subdivision (b), (c), or (d) shall upon conviction of that violation be punished by imprisonment in a county jail for not more than 90 days, by a fine of not more than five hundred dollars ($500), or by both that fine and imprisonment.
(j) If a person's privilege to operate a motor vehicle is restricted by a court pursuant to this section, the court shall clearly mark the restriction and the dates of the restriction on that person's driver's license and promptly notify the Department of Motor Vehicles of the terms of the restriction in a manner prescribed by the department. The Department of Motor Vehicles shall place that restriction in the person's records in the Department of Motor Vehicles and enter the restriction on a license subsequently issued by the Department of Motor Vehicles to that person during the period of the restriction.
(k) The court may order that a person convicted under this section, who is to be punished by imprisonment in a county jail, be imprisoned on days other than days of regular employment of the person, as determined by the court.
(l) This section shall be known and may be cited as the Louis Friend Memorial Act.
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