Vehicle Code 23109(d) VC

VC 23109(d) – Placing Barricade on a Highway Incident to A Speed Contest

VC 23109(d)  - Placing Barricade on a Highway Incident to A Speed Contest

Placing Barricade on a Highway for Speed Contest – Table of Contents

VC 23109(d) – Overview

It is unlawful for a person during the commission of a motor vehicle speed contest on a highway to facilitate or aid the contest or an exhibition of speed in any manner by obstructing or placing a barricade on a highway; or assisting or participating in placing a barricade or obstruction upon the highway.

What is the definition of engaging in a speed contest under Vehicle Code 23109(d) VC?

A speed contest is an agreement between two or more drivers to travel on a path, road, or highway to reach a destination recorded by clock or timer for either vocation or profit where the objective is for competition.

What is the definition of an exhibition of speed under Vehicle Code 23109(d) VC?

The exhibition of speed is the illustration of a rate of speed by a driver that exceed the speed specified on any route of public transport regulated by CHP.

What is the definition of a barricade or obstruction as defined under Vehicle Code 23109(d) VC?

An obstruction is any prevention to further an objective: an impediment. A barricade is a physical form of an obstruction. As applied to Vehicle Code 23109(d) VC, an obstruction would be anything that would prevent factors that detract from the objective of a speed content or an exhibition of speed; whereas a barricade would be actual instruments, devices, people, or things actually placed on a highway for the purposes of preventing the movement other people, cars, and things that would interfere with the free movement or participants of a speed contest or an exhibition of speed. Examples of obstructions would include the use of car decoys, fake maps, disabled streetlights, and altered street signs. Examples of barricades would include the physical placement of cars, people, as well as the placement of steel, metal, wood, or rubber items on the highway; or the physical destruction of the highway in such a way to promote the free movement of the participants driving in a speed contest or exhibition of speed.

What is the definition of a highway as defined under Vehicle Code 23109(d) VC?

A highway is a way or place that is created and maintained for the open public use of vehicle travel.

Are there any exceptions to a violation of Vehicle Code 23109(d) VC?

Yes. The participants to the speeding contest or exhibition of speed must be on a path of travel that is open to the public.

What is the mental state required for a violation of Vehicle Code 23109(d) VC?

The mental state required for a violation of Vehicle Code 23109(d) VC is willful. Willful, is the conscious desire to complete an act, knowing the steps taken will achieve the act desired, while understanding the mere participation of the steps taken, and the desired conduct are unlawful, while reasonably understanding the circumstances that would result. As applied to Vehicle Code 23109(d) VC, the State must prove beyond a reasonable doubt, that the accused was consciously aware that a speeding contest or an exhibition of speed was taking place or was about to commence; and that the accused desired to assist in the completion of the speeding contest or the exhibition of speed; and as a result of this desire participated, directed, or personally created an obstruction or barricade, while reasonably understanding the circumstances that would result.

VC 23109(d) – Sentencing

A violation of Vehicle Code 23109(d) VC is charged as a misdemeanor. Penalties include confinement ranges of 24 hours to 90 days in jail: with fines between $355 to $1000 dollars. In addition, the DMV has the option to suspend the violator’s driver’s license for 90 days to 6 months and can restrict locations of travel if the registered car owner used their vehicle as a barricade.

If a subsequent offense of Vehicle Code 23109(d) VC occurs within a 5-year period of the first offense, penalties include confinement not exceeding 6 months in jail, with fines between $500 to $1000 dollars.

A violation of Vehicle Code 23109(d) VC where serious bodily injury is caused then confinement to not exceed 1 year in prison with fines between $500 to $1000 dollars.

What are examples of a violation of Vehicle Code 23109(d) VC?

James and Eddy are approached by CHP officers because the officers believed the vehicles are stalled and need assistance. Upon further investigation, the officers determine that James and Eddy were using their vehicles to block in coming traffic to prevent uninvited guests to an illegal race. They are arrested.

VC 23109(d) – Defenses

  1. The pathway is not a highway.
  2. The accused was too intoxicated to conceptualize any sufficient intent required for the crime.
  3. The conduct itself does not qualify as a sufficient impediment.

Placing Barricade on a Highway Incident to A Speed Contest – Hire Us

If you are charged with engaging in a speed contest under Vehicle Code 23109(d) VC, call The Esfandi Law Group. Contact Los Angeles criminal defense attorney Seppi Esfandi, principal attorney of The Esfandi Law Group.

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