CA Vehicle Code (CVC) 23109, Driving Offenses, warns drivers, “A person shall not engage in a motor vehicle speed contest on a highway.” The decision to fight an exhibition of speed ticket should be made with the advice of a knowledgeable and experienced traffic ticket attorney.
What Warrants an Exhibition of Speed Ticket or “Speed EX”?
Many acts could be interpreted by a law enforcement officer (LEO) as an exhibition of speed. Sudden accelerations, spinning tires, skidding actions often called “drifting” on the street, and drag racing are some of those actions. However, some of those could be considered reckless driving or speeding. Speeding by itself would not be an exhibition of speed. Likewise, a ticket is not limited to the driver but could include what law enforcement considers “aiding or abetting.”
There are four distinct elements of traffic law contained within an exhibition of speed, though not all elements must be present, these are:
- Operating a motor vehicle on a public highway or roadway
- Intentional or willful acceleration or driving at a high rate of speed that most would consider unsafe
- Showing off or driving to impress another
- Aiding or abetting, such as participating in a speed contest as a timer, roadblock setup, or warning participants of law enforcement, and others.
An experienced California traffic attorney can advise you of what a judge might rule is a speed ex. This is a dangerous and growing pastime in many CA cities and towns. Attorneys who practice traffic law are very familiar with these cases, as it is likely to come up during any session of court involving traffic law.
An Exhibition of Speed Ticket Is a “Wobbler” Offense
An exhibition of speed could be either a misdemeanor or an infraction depending on the components of the incident. Many aiding or abetting charges are reduced to an infraction. However, the defendant must agree to have it tried as an infraction and not as a misdemeanor. There are distinct advantages and disadvantages, which should be discussed with an attorney.
With a misdemeanor, you face the possibility of jail time (90 days) or probation (up to two years), and/or fine of up to $500 before the addition of state and county surcharges that could bring the total to $2,000-2,500. Plus, the two Negligent Operator Treatment System (NOTS) points if convicted, which could be the most expensive penalty.
When your insurance company discovers your conviction at renewal, they will double or triple your insurance premium if they decide to continue providing you insurance. That increase could cost you $25,000 or more over the ten years the conviction will remain on your record.
If represented by an attorney who requests it, a dismissal or reduced charge as an infraction is possible. An infraction conviction will typically result in a fine of around $250 and one NOTS point.
Your best option is to speak with a traffic attorney about the particulars in your case.
Traffic Ticket Attorneys Who Handle Exhibition of Speed Tickets
Call Bigger & Harman, (661) 349-9300, when you need advice about an exhibition of speed ticket in Bakersfield, Tulare, or any Central Valley County.
Se habla Español (661) 349-9755.
We are traffic law attorneys who can give you a straightforward strategy so that you can make an informed decision if you choose to fight your exhibition of speed ticket.
Send us an email, attorney@biggerharmanlaw.com.
References:
The 2019 CA Driver’s Handbook.pdf
CVC 23109, Driving Offenses