Law Offices of Michael E. Cindrich, APC 225 Broadway, Suite 2100 San Diego, CA 92101

Street Racing

Illegal street racing, also known as engaging in a speed contest, is a serious criminal offense under California law. Governed by California Vehicle Code §23109, this law makes it illegal to willfully participate in a motor vehicle race on a public highway or in an off-street parking facility.

Even spontaneous “races” between vehicles at a stoplight or freeway entrance can lead to criminal charges, vehicle impoundment, and license suspension. Courts treat these offenses severely due to the public safety risks involved, including the potential for injury, property damage, and fatalities.

If you’ve been accused of street racing or engaging in a speed contest, it’s crucial to understand the charges, penalties, and your legal options.

San Diego Street Racing Defense Attorney

Attorney Michael Cindrich has extensive experience defending clients charged with reckless driving, speed contests, and other serious vehicle-related offenses throughout San Diego County. He understands that not all fast driving or competition between vehicles qualifies as a “speed contest” under the law.

Many people are charged after misunderstandings, mistaken identity, or overzealous police enforcement during large gatherings or “sideshow” events. Attorney Cindrich works quickly to challenge unlawful arrests, negotiate for charge reductions, and protect your driver’s license and criminal record.

The Law Offices of Michael E. Cindrich represent clients across San Diego County, including Chula Vista, Oceanside, Escondido, Carlsbad, El Cajon, Vista, San Marcos, Encinitas, National City, La Mesa, and San Diego proper.
Call (619) 262-2500 today for a free, confidential consultation.

Overview of Engaging in a Speed Contest Charges in San Diego

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Definition of a Speed Contest

Under Vehicle Code §23109(a), a person may not engage in a motor vehicle speed contest on a highway or in an off-street parking facility.

A “speed contest” includes any race between two or more vehicles, or a race against a clock or timing device, to test vehicle performance or driver endurance.

Importantly, the law applies to public highways and accessible parking areas, but not to sanctioned racing events held on private property or closed courses.

A driver can be convicted even if no crash occurred — intent to race and participation alone may be enough for prosecutors to pursue charges.

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Penalties for Engaging in a Speed Contest

Penalties depend on whether this is a first offense, a repeat violation, or whether the contest caused injury to another person.

First Offense (Misdemeanor)

  • 24 hours to 90 days in county jail
  • Fines between $355 and $1,000
  • Community service for up to 40 hours
  • Driver’s license suspension or restriction from 90 days to 6 months
  • Vehicle impoundment for up to 30 days

Second Offense (Within Five Years)

  • 4 days to 6 months in county jail
  • Fines between $500 and $1,000
  • Mandatory 6-month license suspension
  • Possible probation with conditions such as counseling or additional community service

Speed Contest Causing Injury

If another person is injured as a result of the speed contest, the charge becomes a “wobbler” — meaning it can be prosecuted as either a misdemeanor or felony depending on the severity of injuries.

  • Misdemeanor: 30 days to 6 months in county jail and fines up to $1,000
  • Felony (Serious Injury): 16 months, 2 years, or 3 years in state prison and fines up to $10,000
  • Vehicle forfeiture and license revocation possible for severe cases

If the injuries qualify as great bodily injury (GBI), the court may also impose an enhancement under Penal Code §12022.7, adding additional prison time.

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Key Elements a Jury Considers in Speed Contest Cases

To convict a defendant of engaging in a speed contest, the prosecution must prove all of the following beyond a reasonable doubt:

  • The defendant drove a motor vehicle on a highway or public roadway.
  • The defendant willfully participated in a motor vehicle race or contest.
  • The event involved competition against another vehicle, person, or timing device.
  • The race occurred on a public roadway or an accessible parking facility.
  • The defendant knew their actions were unlawful and dangerous.

Without clear proof of intent and participation, a conviction cannot stand. Simply accelerating rapidly or driving fast near another car is not, by itself, a “speed contest.”

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Defenses to Speed Contest / Street Racing Charges

Effective defense strategies depend on the facts of the case but commonly include:

  • No Intent to Race: The defendant did not agree to or intentionally participate in a race.
  • Not a Contest: The driving behavior did not meet the definition of a competitive event.
  • Private Property: The alleged incident occurred on private land or a closed course.
  • Lack of Evidence: The prosecution lacks credible proof such as video footage or eyewitness testimony.
  • Misidentification: The defendant’s vehicle was incorrectly identified.
  • Unlawful Stop or Arrest: Police lacked probable cause to detain or search the driver.
  • Mechanical or Traffic Conditions: The vehicle’s movement was misinterpreted due to normal driving or traffic circumstances.

A skilled defense attorney can also negotiate for a reduction to reckless driving (Vehicle Code §23103) or negligent driving, which carry significantly lighter penalties and may protect your record.

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Role of a San Diego Speed Contest Defense Attorney

  • Case Investigation: Review police reports, dash-cam footage, and surveillance videos for inconsistencies or misconduct.
  • Negotiation and Charge Reduction: Work with prosecutors to reduce charges or seek diversion options for first-time offenders.
  • License Protection: Advocate before the DMV to minimize or prevent license suspension.
  • Challenging Evidence: Contest unreliable speed estimates, officer observations, and witness statements.
  • Vehicle Impound Hearings: Represent clients in administrative hearings to recover impounded vehicles.
  • Post-Conviction Relief: Seek expungement or record sealing under Penal Code §1203.4 after case resolution.

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Frequently Asked Questions

Q: What qualifies as a “speed contest” under California law?
 A: Any willful competition between vehicles or against a timing device on a public roadway may qualify as a speed contest.

Q: Is street racing always a felony?
 A: No. It is typically charged as a misdemeanor, but if someone is injured, prosecutors can file it as a felony.

Q: Can spectators be charged?
 A: Yes. Those who aid, abet, or participate in organizing a street race may face charges under Vehicle Code §23109(c).

Q: Will my car be impounded?
 A: Possibly. Law enforcement may impound your vehicle for up to 30 days at your expense.

Q: Can a speed contest conviction be expunged?
 A: Yes. After completing probation or sentence terms, you may be eligible for expungement under Penal Code §1203.4.

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Additional Resources

California Vehicle Code §23109 – Engaging in a Speed Contest: Defines what constitutes a motor vehicle speed contest and outlines penalties for violations.

California Penal Code §12022.7 – Great Bodily Injury Enhancement: Explains sentence enhancements when reckless or unlawful driving causes significant injury.

California Jury Instructions (CALCRIM No. 2200) – Reckless Driving / Speed Contest: Lists elements jurors must find proven for a conviction in a speed contest case.

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Hire a Defense Attorney for Street Racing Charges in San Diego County, CA

A conviction for engaging in a speed contest can lead to jail time, loss of your vehicle, and a criminal record that impacts your future employment and insurance. Early legal intervention is the best way to protect your rights.

The Law Offices of Michael E. Cindrich represent clients across San Diego County, including Chula Vista, Oceanside, Escondido, Carlsbad, El Cajon, Vista, San Marcos, Encinitas, National City, La Mesa, and San Diego proper.

Protect your freedom, your license, and your reputation. Contact Attorney Michael Cindrich today for a free, confidential consultation at (619) 262-2500.

Would you like me to add a short “Street Takeovers and Sideshow Events” section next, covering spectator liability, vehicle forfeiture, and how recent California laws target these gatherings? It pairs naturally with this page and boosts SEO for related search terms.