An exhibition of speed charge, sometimes called "speedex," is a relatively minor offense on its own, but it plays two important roles in the DUI world: as a charge that can accompany a DUI, and as a favorable reduction from one. I am Joel Brand, and here is what it is and how it fits.
What exhibition of speed is
Under Vehicle Code 23109(c), exhibition of speed means accelerating or driving in a way that shows off the power or speed of a vehicle, often a quick burst of acceleration to impress or to "show off." It is a misdemeanor, but it is much less serious than a DUI, with lighter penalties, no mandatory alcohol program, and no alcohol notation on your record. It is also distinct from the more serious speed-contest or street-racing offenses, which involve an actual competition rather than a single show of acceleration.
What the prosecution has to prove
Exhibition of speed is not the same as merely speeding. The prosecution has to show that you intentionally drove in a manner designed to display the vehicle's power or speed, the willful, attention-seeking element is what separates it from ordinary fast driving. A quick acceleration in normal traffic, keeping up with the flow, or a single instance of speeding does not automatically meet that standard. That intent requirement is a place the charge can be challenged, because what an officer interprets as showing off may have an entirely innocent explanation.
As a charge alongside a DUI
An officer who sees a fast start or aggressive acceleration may cite exhibition of speed, and that observation can also become the stated reason for the traffic stop that led to a DUI investigation. If the stop was not actually justified, challenging it with a motion to suppress can undercut everything that followed, the observations, the field tests, and the chemical result. When an exhibition-of-speed observation is the hook for the entire DUI investigation, scrutinizing whether it genuinely justified the stop can be the most important move in the case.
As a DUI reduction
The more valuable role is as a reduction. In the right case, a DUI can be negotiated down to exhibition of speed, which has real advantages: no alcohol notation, lighter penalties, and a record that does not read as a DUI. Like a dry reckless, it is harder to obtain than a wet reckless and depends on the facts and the prosecutor, but where available it is an attractive outcome. The comparison of all the options is in reducing a DUI to reckless driving or exhibition of speed.
Why the no-alcohol-notation point matters
The single biggest advantage of an exhibition-of-speed reduction is that, unlike a wet reckless, it carries no alcohol notation. That distinction matters well beyond the immediate case. A conviction without an alcohol marker reads very differently to employers, licensing boards, and insurers, and, importantly, it is far less likely to be treated as a prior that elevates the penalties on any future DUI within the ten-year window. For someone concerned about their record, their career, or the possibility of a later case, that clean characterization can be worth a great deal more than the modest difference in immediate penalties.
Exhibition of speed versus a speed contest
It is worth understanding the difference between exhibition of speed and the related speed-contest or street-racing offense, because they are not the same and the distinction can matter. A speed contest involves racing against another vehicle or against the clock, a competition, and it carries heavier consequences, including potential license suspension. Exhibition of speed, by contrast, is a solo show of acceleration or power with no competition involved. Where an officer or prosecutor has labeled conduct a speed contest that was really just a single burst of acceleration, pushing the charge down to exhibition of speed, or contesting it entirely, can meaningfully reduce the exposure. Knowing which offense the facts actually support is part of getting the charge right.
The points and insurance angle
Even as a relatively minor offense, an exhibition-of-speed conviction is not free of consequences, and the comparison to a DUI is what makes it attractive rather than its being trivial. It can add a point to your driving record and affect insurance, though far less severely than a DUI with its alcohol notation and SR-22 requirement. When weighing a reduction, I look at the full downstream picture, the record, the points, the insurance impact, and the effect on any future case, so that a deal that looks good in the courtroom is genuinely good for your life afterward. In almost every comparison, exhibition of speed comes out far ahead of a DUI conviction.
How I use it
I look at whether an exhibition-of-speed observation really justified the stop, and separately at whether the charge can serve as a clean reduction in your case. Both come down to the strength of the evidence, which is the same leverage I use across my top DUI defenses. When the DUI proof is vulnerable, that weakness is exactly what makes a prosecutor willing to agree to a reduction like this, so building the defense and pursuing the reduction are really two sides of the same effort.
When a reduction like this is realistic
An exhibition-of-speed reduction is not available in every case, and it helps to understand when it is realistic. It tends to be on the table when the DUI proof has genuine weaknesses, a questionable stop, an unreliable chemical result, a borderline reading, and when the driver has a clean record and there were no aggravating facts like an accident or injury. In those circumstances, a prosecutor weighing the risk of losing at trial may agree to a reduction that resolves the case without an alcohol-related conviction. The stronger the defense I can build on the underlying DUI, the more leverage there is to obtain this kind of favorable reduction, which again shows how the defense and the negotiation work hand in hand.
Facing an exhibition of speed or a DUI?
Whether it is a charge to beat or a reduction to pursue depends on your facts, which I review with you. Use the free case analysis on this page, or call me directly at (888) 271-6644. I answer my own phone, 24/7.