Vehicle Code 23109 prohibits engaging in a speed contest or an exhibition of speed on a public street. It frequently appears alongside a DUI charge when the alleged driving involved racing or showing off, and it carries its own penalties separate from the DUI.
What it carries
A speed contest under 23109(a) is a misdemeanor that can bring jail time, fines, a license suspension, and community service. An exhibition of speed under 23109(c) is a lesser but still serious misdemeanor. When combined with a DUI, the charges compound, and the driving allegations can make the DUI look worse to a judge or jury.
What the prosecution must prove
A speed contest requires proof of an actual contest or race, which means more than just speeding. An exhibition of speed requires a willful display, again more than ordinary fast driving. The evidence is often an officer's interpretation of the driving, which can be challenged with the physical facts and alternative explanations.
Where to start
When a DUI is paired with a racing allegation, separating the two and weakening the driving evidence matters a great deal. Get a free written case analysis below or call me directly. See also reckless driving (VC 23103).