Exhibition of Speed Charge

When discussing traffic-related offenses in California, one charge that often confuses many is the “exhibition of speed” charge. While it might not carry the same immediate recognition as a DUI, it is a serious offense that can have significant legal consequences. This article aims to delve into the intricacies of an exhibition of speed charge, explaining what it entails, the potential penalties, defenses, and the importance of legal representation.

What is Exhibition of Speed?

Under California Vehicle Code Section 23109(c), exhibition of speed is defined as any person who engages in a motor vehicle speed contest on a highway. However, the definition goes beyond organized racing; it includes any attempt to show off the speed of your vehicle, often involving reckless or dangerous driving behaviors such as rapid acceleration, burning rubber, or fishtailing.

Elements of the Offense

To secure a conviction for an exhibition of speed, the prosecution must prove:

1. Driver’s Intent: The driver intentionally accelerated their vehicle to show off or draw attention.
2. Public Highway: The act occurred on a public road or highway.
3. Witnesses: Typically, this charge relies heavily on eyewitness testimony, often from law enforcement officers.

Penalties for Exhibition of Speed

The penalties for an exhibition of speed charge can be severe and include both criminal and administrative consequences.

Criminal Penalties

1. First Offense:
   • Misdemeanor charge.
   • Up to 90 days in county jail.
   • Fines up to $500.
2. Subsequent Offenses:
   • Increased jail time.
   • Higher fines.

Administrative Penalties

1. License Suspension: The Department of Motor Vehicles (DMV) may impose a suspension of the driver’s license.
2. Points on Driving Record: Accumulating points can lead to higher insurance premiums and potential further suspension.
3. Vehicle Impoundment: In some cases, the vehicle used in the offense may be impounded.

Defenses to an Exhibition of Speed Charge

Defending against an exhibition of speed charge requires a nuanced understanding of the law and the specifics of the incident. Some common defenses include:

Lack of Intent

The prosecution must prove that the driver intentionally accelerated to show off. If the defense can demonstrate that the acceleration was unintentional or due to an emergency, this can weaken the prosecution’s case.

Insufficient Evidence

Since these cases often rely on eyewitness testimony, challenging the credibility and accuracy of these witnesses can be an effective defense strategy. This can include questioning the vantage point of the witness or highlighting inconsistencies in their testimony.

Mistaken Identity

In situations where multiple vehicles were involved, it can be argued that law enforcement mistakenly identified the defendant’s vehicle as the one involved in the exhibition of speed.

Mechanical Issues

If the vehicle experienced a mechanical malfunction that caused sudden acceleration, this could be used as a defense to demonstrate that the driver did not intend to engage in exhibition of speed.

Importance of Legal Representation

Given the potential consequences of an exhibition of speed charge, it is crucial to seek experienced legal representation. An attorney can provide the following benefits:

Navigating the Legal System

A skilled attorney understands the intricacies of traffic laws and can guide you through the legal process, ensuring that your rights are protected at every stage.

Building a Strong Defense

An attorney can investigate the incident, gather evidence, and develop a defense strategy tailored to the specifics of your case. This can include interviewing witnesses, reviewing police reports, and potentially hiring experts to testify on your behalf.

Negotiating Plea Deals

In some cases, an attorney may be able to negotiate a plea deal with the prosecution. This could result in reduced charges or lighter penalties, such as attending traffic school instead of serving jail time.

Conclusion

An exhibition of speed charge in California is a serious offense that carries significant legal and administrative penalties. Understanding the elements of the offense, the potential consequences, and the available defenses is crucial for anyone facing this charge. Given the complexities involved, seeking experienced legal representation is essential to ensure the best possible outcome. If you find yourself charged with exhibition of speed, do not hesitate to contact a qualified DUI attorney to discuss your case and explore your options.

Citations

1. California Vehicle Code Section 23109(c)
2. California DMV – Vehicle Impoundment and Driver’s License Suspension
3. People v. Dewey (1996) 42 Cal.App.4th 216
4. California Department of Motor Vehicles (DMV) – Point System and Penalties