THE TICKET CLINIC California

THE TICKET CLINIC California

What You Need To Know About California’s Street Racing Laws

July 18, 2024

Over the last few years, street racing events have surged in popularity across California. Just check the news, it seems like there’s a “takeover” somewhere across the state every week. In 2024 the state is trying to send a clear message that this illegal activity will not be tolerated. The result is the number of arrests for these crimes has increased and these charges often include license suspensions and even vehicle impoundment. 

In 2023, over 10,000 street racing incidents were reported across California, leading to numerous injuries and fatalities.  These statistics have driven the state to adopt even stricter laws in 2024, aiming to reduce these numbers significantly. Some reports say it’s working.

First, picture this: you’re in the heart of Los Angeles, at the wheel of an illegal drag race that’s about to start. Out of nowhere a brigade of cops blocks off all the exits with their sirens wailing. You’ve just been caught in a coordinated law enforcement sting and now you have to face the real-life consequences. What will happen next?

California Street Racing Laws On The Books

These are the two laws in place to prosecute street racing crimes.

California Vehicle Code § 23109(a) VC makes it a crime to participate in a speed contest willfully. Speed contests are where two or more motor vehicles race on a public street, highway or freeway. It can also refer to racing against a timing device such as a clock or a stopwatch.

23103. (a)  A person who drives a vehicle upon a highway in willful or wanton disregard for the safety of persons or property is guilty of reckless driving.

(b)  A person who drives a vehicle in an offstreet parking facility, as defined in subdivision (c) of Section 12500, in willful or wanton disregard for the safety of persons or property is guilty of reckless driving.

(c) Except as otherwise provided in Section 40008, persons convicted of the offense of reckless driving shall be punished by imprisonment in a county jail for not less than five days nor more than 90 days or by a fine of not less than one hundred forty-five dollars ($145) nor more than one thousand dollars ($1,000), or by both that fine and imprisonment, except as provided in Section 23104 or 23105.

What Exactly is a Speed Contest in Legal Terms?

A speed contest is any race by a motor vehicle against either 1) another motor vehicle or 2) a clock or other timing device.

Under Vehicle Code 23109(a) a person must fit into these guidelines to be chraged.

  1. You drove a motor vehicle (such as a car or motorcycle but not a bike);
  2. The driving occurred on a highway (which comprises freeways and public streets but not private property); and
  3. While doing so, you willfully engaged in a speed contest.

Legal Penalties for Street Racing Charges

A first-time offender can face up to 90 days in jail. Alongside jail time, fines can range from $355 to $1,000. This might not sound exorbitant, but factor in the impoundment of the vehicle for up to 30 days. Add towing and storage fees to the financial hit, and the costs quickly spiral.

But that’s just the start. California law is stringent when it comes to street racing. If a racer causes bodily harm or death, the penalties escalate dramatically. Causing injury can lead to a sentence of up to three years in state prison, and causing death can result in up to 15 years behind bars. These penalties underscore the severe risks involved and the state’s zero-tolerance stance on this issue.

Beyond incarceration and fines, street racing convictions come with a mandatory suspension of the driver’s license for six months. Imagine the disruption to daily life—no more driving to work, school, or even the grocery store. It’s a stark reminder of the long-term impacts of a momentary thrill.

Moreover, California has enhanced penalties for repeat offenders. A second offense can result in a license suspension of up to two years, increased fines, and longer jail sentences. The state aims to discourage repeat behavior by imposing harsher consequences each time a person is caught.

California’s penalties extend beyond just the drivers. Spectators and organizers of street races are also at risk. Spectators can be fined up to $1,000 and face jail time of up to six months. Those found guilty of organizing such events can face similar penalties, emphasizing that the state takes every aspect of street racing seriously.

Insurance rates for those convicted of street racing skyrocket. A conviction can cause premiums to increase by as much as 50%, and some insurance companies may even cancel coverage altogether. The financial fallout from a single race can haunt a driver for years, impacting everything from daily commutes to future insurability.

Street racing sentences also include mandated community service for those convicted of street racing. Offenders might find themselves speaking at schools or community centers about the dangers of street racing, serving as a living warning to others. 

So, while the allure of street racing may be strong, the reality of the consequences in California is even stronger. The thrill of the race is fleeting, but the repercussions are lasting. It’s a gamble with one’s freedom, finances, and future—a game not worth playing. If the urge to race hits, better to channel that adrenaline on a legal racetrack, where speed and safety can coexist without the shadow of severe penalties looming overhead.

An Experienced Street Racing Lawyer Can Help Lessen The Impact

For over 35+ years, The Ticket Clinic has been helping drivers when their license is at risk. We can quickly assess your street racing charge and help guide you to help minimize the impact. It’s always possible you case might get dismissed with the right representation on your side. Give us a call if you need help with any type of traffic ticket including criminal matters.