Yes to the first part, and not yet to the second. Vehicle Code section 23109 defines “sideshow,” and starting January 1, 2029, a court may suspend or restrict the license of a person who violates the section’s exhibition-of-speed provision as part of a sideshow. That power was originally set to begin July 1, 2025, but a 2025 budget bill pushed the start to January 1, 2029, so no court can order a sideshow suspension today.
The legal definition
Vehicle Code section 23109(i)(2)(A)(ii) defines a sideshow as “an event in which two or more persons block or impede traffic” on a highway or in an offstreet parking facility, for the purpose of performing motor vehicle stunts, speed contests, exhibitions of speed, or reckless driving “for spectators.” It adds that “a sideshow is also known as a street takeover.” So the term has real elements: at least two people, blocking or impeding traffic, doing one of the listed things, for an audience. It is not a label for every street race or burnout.
Section 23109 does not make simply watching a sideshow an offense, and “for spectators” describes the purpose of the event rather than a rule aimed at onlookers. But the same section prohibits aiding or abetting a speed contest or an exhibition of speed, and obstructing or barricading a highway or offstreet parking facility for one (section 23109(b), (c), (d)). A spectator who does more than watch can be charged under those provisions.
When the suspension can apply
Commencing January 1, 2029, the court “may order the privilege to operate a motor vehicle suspended for 90 days to six months” for a person who violates subdivision (c), “only if the violation occurred as part of a sideshow” (section 23109(i)(2)(A)(i)). Read closely, that requires:
- A subdivision (c) violation. Subdivision (c) covers engaging in an exhibition of speed and aiding or abetting one. The suspension does not reach a speed contest under subdivision (a), aiding or abetting a speed contest under (b), or obstruction under (d). The DMV provision that carries out the suspension describes it as applying to a subdivision (c) violation “for engaging in a motor vehicle exhibition of speed” (Vehicle Code section 13352(a)(8)(B)).
- An actual sideshow. The event has to meet the definition above, not just involve an exhibition of speed.
- A court acting on or after January 1, 2029. The statute frames that date as the start of the court’s power. It does not say how the suspension applies to a violation committed before then but sentenced after.
The suspension is discretionary (“may”), not automatic. The court may instead restrict the license for 90 days to six months to travel to and from work, and to driving within the scope of employment if the job requires driving. Before suspending or restricting, the court must consider whether a medical, personal, or family hardship requires the person to have a license for a limited purpose (section 23109(i)(2)(B), (C)).
How the start date moved
The sideshow suspension was created by Assembly Bill 3 (Stats. 2021, ch. 611), which set it to begin July 1, 2025. On June 27, 2025, Senate Bill 128 (Stats. 2025, ch. 16), a budget bill that took effect immediately, delayed the start of the court’s added authority to suspend or restrict a license to January 1, 2029. If you read that the suspension began in 2025, that was the original date, and it was postponed before it took effect. The section’s short title, the “Louis Friend Memorial Act” (section 23109(m)), dates to the 2021 bill.
What does not change
The penalty for the exhibition-of-speed conviction itself stays the same whether or not a sideshow was involved: a county jail term of no more than 90 days, a fine of no more than $500, or both (section 23109(i)(1)). The sideshow question only decides whether this added license suspension is available once the court’s power begins.
If you are facing this
Confirm which subdivision of section 23109 you are charged under, and whether the charge says you engaged in the conduct or aided it. Compare the date of the alleged violation, and of any sentencing, with January 1, 2029. If you were only present, ask your lawyer exactly what conduct the charge alleges. Our page on street racing covers the base speed-contest and exhibition offenses.
If you are facing an exhibition-of-speed or street-racing charge tied to a sideshow, the Law Offices of David S. Chesley can go over the specific charge, the dates, and what it could mean for your license. Call (800) 755-5174 to discuss your case.
