Speed Contests
Vehicle Code - § 23109(a)
What counts as a violation of Vehicle Code § 23109(a)?
Vehicle Code § 23109(a) makes it a crime for a person to engage in a “motor vehicle speed contest” on a highway. A motor vehicle speed contest includes a motor vehicle race against another vehicle, a clock, or other timing device.
However, 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.
What is the punishment for a violation of Vehicle Code § 23105?
A person convicted of reckless driving in violation of Vehicle Code § 23105 that proximately causes one or more of the injuries under Vehicle Code § 23105(b)to a person other than the driver, shall be punished by imprisonment pursuant to Penal Code 1170(h), or 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 two hundred twenty dollars ($220) nor more than one thousand dollars ($1,000), or by both that fine and imprisonment.
What defenses are available to Vehicle Code § 23105?
- You were not speeding
- You were not racing against another vehicle, a clock, or other timing device
- You were not driving
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