If you or someone in your family was cited or arrested in Orange County for exhibition of speed, a speed contest, or a sideshow-related charge, here's what the law covers, what's changed recently, and what typically happens next.
“Exhibition of speed” and “street racing” are not the same charge
Vehicle Code 23109 covers several distinct types of conduct, and which one you're charged with changes your exposure:
Speed contest — VC 23109(a). This is the classic “street racing” charge: driving against another vehicle, or against a clock, on a public road. It requires an actual contest between two or more drivers.
Exhibition of speed — VC 23109(c). This one is broader and catches far more people than the name suggests. You don't need another car and you don't need to be going fast. Burning out, spinning tires, doing donuts, or accelerating hard to impress people nearby can all qualify. The key element prosecutors have to prove is that you did it to show off, not that you were unsafe or speeding in the traditional sense.
Aiding or abetting — VC 23109(b). Helping organize, coordinate, or encourage someone else's speed contest or exhibition — even if you never got behind the wheel.
Blocking traffic to enable one — VC 23109(d). Parking cars to block a street, acting as a lookout, or otherwise helping stage the event.
These last two matter more than most people realize, because California has specifically expanded who can be charged and whose car can be impounded at a sideshow — including spectators.
Sideshows and “street takeovers”: what changed in 2024
Street takeovers are where a crowd blocks an intersection or parking lot so drivers can perform stunts for an audience and get charged under this same statute, but California significantly expanded enforcement around them in 2024. A package of new laws signed by the governor now allows law enforcement to:
• Impound spectators' vehicles, not just the drivers, if you're present at a sideshow
• Impound vehicles found on private property, like parking lots; this isn't limited to public highways anymore
• Impound a vehicle after the fact, based on video or other evidence, even if it wasn't seized at the scene
In plain terms: showing up to watch or driving through a sideshow in a lot rather than a street no longer keeps you out of reach of these penalties. If you were cited at or near a sideshow or even as a bystander that's a reason to talk to a defense attorney before assuming the charge doesn't apply to you.
What a conviction can actually cost you!
|
Speed contest (23109(a)) |
Exhibition of speed (23109(c)) |
|
|
Classification |
Misdemeanor |
Misdemeanor |
|
Jail (first offense) |
24 hours – 90 days |
Up to 90 days |
|
Fine (first offense) |
$355 – $1,000 |
Roughly $355 – $1,000 |
|
Community service |
40 hours, mandatory |
Typically not mandatory |
|
License suspension |
Up to 6 months |
Possible, court's discretion |
|
Vehicle impound |
Up to 30 days |
Up to 30 days |
|
Prior within 5 years |
Mandatory jail, fines up to $1,000, 6-month suspension |
Enhanced penalties possible |
|
Serious injury results |
Can be filed as a felony (16 months–3 years) |
Can be filed as a felony |
A few things are easy to miss here. First, the 30-day vehicle impound is separate from any criminal penalty, and officers can impound the car at the scene under Vehicle Code 23109.2, and it's the registered owner, not necessarily the driver, who has to deal with getting it back and covering storage costs. Second, this is a misdemeanor from the first offense, which means it goes on a criminal record, not just a driving record, and it shows up on background checks the way a DUI would, separate from your DMV point count. Third, if anyone is hurt, prosecutors can file it as a felony, which changes everything about how the case should be handled.
Will this show up on my driving record — and my insurance?
Yes, both. A conviction adds points to your DMV record on top of the criminal conviction, and it's the kind of conviction insurers specifically ask about, separate from an ordinary speeding ticket. Combined with a license suspension, a conviction can affect insurability for several years, not just the suspension period itself.
If you're facing this charge in Orange County
These cases are handled in the same Orange County courthouses we appear in regularly for DUI and traffic matters Harbor Justice Center in Newport Beach, Central Justice Center in Santa Ana, North Justice Center in Fullerton, and West Justice Center in Westminster, depending on where the citation was issued. Because a conviction here is a misdemeanor with real jail exposure, a license consequence, and now, potentially, your car sitting in an impound lot for a month, it's worth talking to a defense attorney before your arraignment date and not after.
RPM Law, P.L.C. represents drivers throughout Orange County on exhibition of speed, street racing, sideshow, and related traffic and criminal charges. If you were cited or arrested, call (949) 234-7889 or visit rpmlawca.com to talk through your options.
Frequently asked questions
Is exhibition of speed a felony in California?
Usually not; it's a misdemeanor. It can be charged as a felony if someone is seriously injured as a result.
Can I be charged for doing donuts or burnouts even if no one else was racing me?
Yes. Exhibition of speed under VC 23109(c) doesn't require another car or a race. Showing off alone is enough to be charged.
Can they impound my car if I was just watching a sideshow?
Under California's 2024 street-takeover laws, yes — spectators' vehicles can now be impounded, not just the driver who performed the stunt.
How long can my car be impounded?
Up to 30 days, at the registered owner's expense, separate from any criminal penalty.
Will I lose my license?
A license suspension is possible on conviction, particularly for a speed contest charge or a repeat offense, and is generally at the court's discretion.
This article is for general information and is not legal advice. Every case depends on its specific facts. Past outcomes do not guarantee future results. Contact RPM Law, P.L.C. to discuss your specific situation.

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