Last Updated on July 9, 2025
Teens and young adults have always participated in street racing to some extent. However, in recent decades, drag racing and unauthorized car shows, known as “street takeovers” and “sideshows,” have become increasingly common. San Diego police have stepped up enforcement by creating a dedicated street racing task force to combat these activities. At the same time, legislators have introduced bills with longer sentences for participants in these illegal driving activities, and prosecutors have sought increasingly strict penalties for those charged with these offenses. Anyone accused of these serious crimes in San Diego should immediately contact a skilled traffic crimes attorney like Peter M. Liss.
Speed Contests and Street Takeovers in California
Under 23109 (VC), the following activities associated with unauthorized vehicle exhibitions are illegal:
- engaging in speed contests on highways or parking facilities, whether against another vehicle, a clock, or other timers. Races where the drivers do not drive recklessly or exceed speed limits are not against the law.
- aiding or abetting in speed contests.
- obstructing or barricading a highway for a speed contest or vehicle exhibition.
Note that under the law, “highway” means any street open to the public, including privately owned parking lots.
Is Street Racing a Felony in California?
These offenses are always misdemeanors unless someone becomes seriously injured. However, the specific penalties vary based on the individual’s role in the activities and whether they have previous convictions for this crime. For those participating in exhibition of speed contests, like street racing or drag racing, the sentencing is as follows:
| Specifics of the Charge | Minimum Jail Sentence | Maximum Jail Sentence | Fines | Additional Penalties |
|---|---|---|---|---|
| First offense in five years, no injuries | 24 hours | 90 days | $355–$1,000 | 40 hours community service, license suspension between 3 and 6 months, 30 days vehicle impoundment |
| Subsequent offense, no injuries | 4 days | 6 months | $500–$1,000 | License suspension for 6 months, 30 days vehicle impoundment |
| Incident resulting in minor injuries | 30 days | 6 months | $500–$1,000 | License suspension for 6 months, 30 days vehicle impoundment |
| Incident resulting in substantial injury | 30 days | 1 year as a misdemeanor, or 3 years as a felony | $500–$1,000 as a misdemeanor, up to $10,000 as a felony | License suspension for 6 months, 30 days vehicle impoundment |
Defenses to Exhibition of Speed Contest Charges in San Diego County
The consequences for violating street racing and street takeover laws are serious, especially if someone was seriously injured in the incident. Anyone facing such charges should only work with a top-rated criminal defense attorney experienced in handling street takeovers and drag racing charges. Fortunately, while these offenses can carry life-changing consequences, there are defenses open to those who have been accused of street racing.
In many cases, the best option is to work with your lawyer to see if you can qualify for a misdemeanor diversion program. This option will not prevent your license from being suspended by the DMV but can help you avoid serving jail time and keep the offense off of your criminal record.
There are other ways you can fight exhibition of speed charges as well. For example, if you were stopped without probable cause or if your vehicle was searched without reasonable suspicion, your rights may have been violated under constitutional law. In many cases, persons in San Diego who are driving cars featuring legal racing modifications are illegally stopped by police, who assume that simply owning such a vehicle indicates the driver participates in illegal street racing. If your rights were violated during the traffic stop or arrest, your defense attorney may be able to have evidence against you suppressed. When this happens, it could result in the charges against you being reduced or even dropped if your rights were seriously violated.
Even if the police did follow proper protocol, the prosecution must be able to show ample evidence that you were willfully engaged in a speed contest, which is often a difficult burden of proof for them to meet unless you admitted as much to the police. For example, just because you drive a car with modifications and were speeding next to persons with similar vehicles does not mean you were racing the other drivers. Remember, the burden of proof is on the prosecutor, not you. If it seems the prosecutor may not have enough evidence to back up these charges, your attorney may be able to work out a plea bargain that will minimize the penalties you could face under the law.
Whatever the case, if you have been accused of racing, street takeovers, or any other crime, do not speak to the police without your attorney present. If you accidentally say something that can be used against you, like admitting you were racing someone, your statement cannot be revoked later. Your lawyer can prevent this from happening.
Related Charges
In addition to 23109 (VC), many people accused of racing or street exhibitions will also face charges related to reckless driving under 23103 (VC). This crime occurs when someone has driven their vehicle on a publicly maintained street in a dangerous manner with a reckless disregard for the safety of persons or property. Reckless driving charges can still be charged even when the suspect’s vehicle does not exceed the speed limit for a given area. These charges are punishable by up to 90 days of jail time, with longer sentences for repeat offenders and potential felony sentences if the crime resulted in bodily injuries.
Additionally, many of those caught racing in San Diego may also receive an infraction for violating California vehicle code section 22348(b) (VC) for operating a motor vehicle on a highway over the speed of 100 miles an hour. This crime can result in an additional $500-$1,000 in fines, a 30-day license suspension, and 2 points being added to the driver’s DMV record.
If you have been charged with participating in a speed contest, street takeover, or sideshow in violation of California law, please call Peter M. Liss at (760) 643-4050 or (858) 486-3024 to schedule a free consultation.
