So, you were charged with an exhibition of speed on CA-99 and ordered to appear in Delano Superior Court. Exhibition of Speed is a misdemeanor offense that is often linked to speed contests or racing and can have a heavy penalty for those that choose to participate. It is one of the most severe of speeding offenses in the state.
If convicted of an exhibition of speed, you could have your car impounded for 30 days (at the owner’s expense), be imprisoned from one day and up to three months, a license suspension of 90 days and up to 6 months, and receive a fine not less than $355 and up to $1000, plus surcharges, fees, and assessments. The license suspension could be restricted so the violator may drive back and forth to work and probation of jail time or license suspension is possible at the judge’s discretion. It is also the judge’s discretion if the sentence may be applied only on non-working days.
What is Exhibition of Speed?
California Vehicle Code (CVC) 23109 states that, “A person shall not engage in a motor vehicle speed contest on a highway…” or assist in holding a contest or race, which according to this CVC, does not need to be against another vehicle, but could be against the clock or another timing device. Even those in the audience at such a contest could be ticketed for this violation. It is in the same group of violations as reckless driving or driving dangerously. The best example of this would be the "Fast and Furious" series of movies.
Excessive Speed Versus an Exhibition of Speed
Do not be confused by the similar sounding charge of “excessive speed,” which according to CVC 22350, is classified as driving at a greater speed than that which is “reasonable or prudent” regardless of the posted speed limit. That basically means the driver did not consider the effects of weather, visibility, or the surrounding traffic on the safety of other persons or property or the safe stopping distance for the vehicle.
Speeding Tickets vs. Exhibition of Speed Tickets
There is also a maximum speed law that states that no vehicle can travel over 65 mph, unless posted for 70 mph in some areas, on the freeway. This is one of the most common types of speeding tickets received throughout the state. Any speed over 100 mph is considered excessive and carries a more severe penalty. It gives any driver 2 points on their motor vehicle record (MVR), heavier fines, the possibility of an automatic 30-day license suspension, unlike a regular speeding ticket, and the possibility of jail time. Unlike other speeding infractions, it carries a mandatory court appearance and traffic school is not an option to remove points or reduce fines.
Speeding Violations Can be Expensive
In conclusion, whether you were involved in a racing contest, driving too fast in the rain, fog, or other weather conditions, speeding, or driving over 100 mph, CA fines are very expensive and the subsequent rise in insurance premiums is not worth the risk. When you consider the repercussions of being late for work or losing face because someone challenged you to a race and you backed down, it is much too expensive. Speeding contests should be left on the race tracks, movies, and to the professionals.
All of Us Make Mistakes
Sometimes, it just happens. Sure, we all know the law and the risks, but sometimes we just aren’t paying enough attention. It’s too late when the lights start flashing and you hear that siren behind you. When you look down and see 100 plus on your speedometer, it’s too late. So, before your date in Delano, call Bigger & Harman, 661-349-9300 and get legal advice regarding what course of action you should take.
Your initial consultation is always free and confidential. Or, you can send an attorney@markbigger.com to the law office of Bigger & Harman. They only take traffic tickets cases. Many other attorneys have a variety of “specialties” but not Bigger & Harman who concentrate on defending their client in traffic courts in Kern, LA, SLO, Riverside, and San Bernardino.
Se habla Español 661-349-9755.