California Vehicle Code 23109(c) prohibits engaging in a motor vehicle exhibition of speed on any highway or off-street parking facility. Commonly associated with burnouts, tire squealing, or rapid acceleration to demonstrate vehicle speed, this section is a misdemeanor offense. Conviction results in 2 DMV points, mandatory jail time or fine, and a permanent criminal record. The law also covers passengers who aid or abet an exhibition of speed.
A person shall not engage in a motor vehicle speed contest on a highway. As used in this section, a motor vehicle speed contest includes a motor vehicle race against another vehicle, a clock, or other timing device.
(c)
A person shall not engage in a motor vehicle exhibition of speed on a highway, and a person shall not aid or abet in a motor vehicle exhibition of speed on any highway.
(e)
A person convicted of a violation of subdivision (c) shall be punished by imprisonment in a county jail for not less than 24 hours nor more than 90 days or by a fine of not less than three hundred fifty-five dollars ($355) nor more than one thousand dollars ($1,000), or by both that fine and imprisonment.
Amended by Stats. 2007, Ch. 682, Sec. 3. Effective January 1, 2008.
Fine & Penalty Amounts
Estimated totals include all mandatory state and county penalty assessments. Actual amounts vary by county court.
Violation Range
Est. Total with Assessments
Notes
First offense — exhibition of speed
~$750–$2,500
Misdemeanor; mandatory minimum 24 hours jail or fine.
VC 23109(c) is a misdemeanor with a mandatory minimum fine of $355 (up to $1,000) or a minimum of 24 hours in county jail. After assessments, total financial exposure can reach $750 to $2,500 or more.
Frequently Asked Questions
Common questions drivers search for after receiving this citation.
An exhibition of speed typically involves accelerating rapidly, spinning tires, doing burnouts, or any conduct intended to demonstrate the vehicle's speed or acceleration capabilities. Courts look at both the driving conduct and any observable intent to "show off" speed. Accidental tire spin on a wet road is different from an intentional burnout.
Yes. Exhibition of speed under VC 23109(c) is a misdemeanor, not an infraction. A conviction results in a criminal record, 2 DMV points, and either a minimum of 24 hours in county jail, a fine of at least $355, or both.
A VC 23109(c) conviction adds 2 DMV points to your California driving record, remaining for 36 months and weighted more heavily than standard 1-point violations for both DMV and insurance purposes.
Yes, in some cases. Defenses include arguing the conduct was not intentional, challenging whether the observed behavior met the legal definition of an exhibition, or negotiating a reduction to a lesser infraction. Outcomes depend on the specific facts and the prosecuting agency's approach.
Also frequently cited with
California drivers who receive this citation often have questions about these related violations.
