Regarding driving offenses in CA, some violations are more serious than others. Two such grave violations are a speed contest or exhibition of speed, which are misdemeanor crimes.
A Speed Contest or Exhibition of Speed Is a Misdemeanor Crime in CA
These are not minor traffic infractions but rather misdemeanor crimes. If you find yourself facing charges related to a speed contest or exhibition of speed in Shafter, CA, it's essential to understand the potential consequences and your rights.
A conviction for a speed contest or exhibition of speed can carry severe penalties. These penalties include a possible driving privilege suspension up to 90 days, up to six months in the Kern County jail, probation, or a base fine between $355 and $1,000.
However, it's crucial to note that the actual financial impact of such a conviction can be much higher. After factoring in the ten State and County assessments, penalties, and surcharges, the fine can escalate significantly.
However, it's crucial to note that the actual financial impact of such a conviction can be much higher. The fine can escalate significantly after factoring in the ten State and County assessments, penalties, and surcharges.
Moreover, if the law enforcement officer on sight orders the impoundment of your vehicle, the towing and storage fees alone can quickly add up to over $2,000. CA VC 23109 paragraph (h) prescribes:
“If a person is convicted of a violation of subdivision (a) and the vehicle used in the violation is registered to that person, the vehicle may be impounded at the registered owner’s expense for not less than one day nor more than 30 days.”
Although CA is cutting back on vehicle impounding and driving suspensions, participation in speed contest and sideshows are given more consideration due to many injuries and deaths caused by these illegal events.
In fact, an amendment to CA CV 23109, AB 3, Fong. Exhibition of Speed on a Highway: Punishment has considerably stiffened the penalties.
Although it doesn’t go into effect officially until 1 July 2025, it will give law enforcement wider authority to impound vehicles and suspend licenses.
The public outcry has already caused many Superior Court judges to stiffen penalties for those found guilty.
Therefore, it is advisable to consult a traffic attorney with experience handling a speed contest or an exhibition speed, immediately.
What Is a Speed Contest?
According to CA Vehicle Code (VC) Section 23109, Driving Offense, paragraph (a), a speed contest occurs when a driver engages “…in a motor vehicle speed contest on a highway or in an off-street parking facility. As used in this section, a motor vehicle speed contest includes a motor vehicle race against another vehicle, a clock, or other timing device.”
Likewise, “(b) A person shall not aid or abet in any motor vehicle speed contest on a highway or in an off-street parking facility.”
A speed contest can take various forms, but essentially, it involves a race where drivers compete to see who can reach a certain point or finish line in the shortest amount of time.
It's important to understand that during a timed race, the participants often exceed the speed limit. Think of scenes from movies like "Fast & Furious" where illegal races occur on public roads.
However, when the timed race does not exceed the speed limit or safe driving speed, given the weather and road conditions is not a speed contest.
Before making a statement, you must always invoke your constitutional rights and consult a traffic attorney when charged with these misdemeanor violations.
What Is an Exhibition of Speed?
Within CA VC Section 23109, Paragraph (c) is the verbiage describing an “exhibition of speed.”
“A person shall not engage in a motor vehicle exhibition of speed on a highway or in an off-street parking facility, and a person shall not aid or abet in a motor vehicle exhibition of speed on any highway or in an off-street parking facility.”
An exhibition of speed is a broader term that encompasses a range of activities where a driver intentionally showcases their vehicle's speed, acceleration, or capabilities in a reckless or unsafe manner.
For example, if a driver squeals their tires while taking off from a traffic light or stop sign, they could be charged with an exhibition of speed. The underlying premise is that such actions endanger pedestrians and onlookers.
What Is Aiding & Abetting a Speed Contest or Exhibition of Speed?
As stated in the CA VC, participation in a speed contest or exhibition of speed isn't limited to the drivers involved directly in the race or display.
Those who aid and abet these activities can also face legal consequences. This might include individuals who block off roads, take side bets, sell tickets, or time a speed contest or sideshow. Aiding and abetting can lead to misdemeanor charges as well.
Remain Silent Until You Consult an Attorney
If you ever face allegations related to a speed contest or exhibition of speed or aiding and abetting the same, it's crucial to know your rights.
One of your most fundamental rights is the right to remain silent. You should not provide any statements to law enforcement or court officials without the presence of an attorney.
These are misdemeanor crimes, and you have the right to have an attorney with you during questioning and legal proceedings.
They may negotiate with the prosecution or judge to seek a reduction of charges from a misdemeanor to a traffic infraction, lower fines and penalties, or even secure a dismissal of the charges.
While there are no guarantees in legal matters, having a traffic attorney with trial experience by your side can make a substantial difference in the outcome of your case.
Consult with Bigger & Harman About a Speed Contest or Exhibition of Speed
Contact Bigger & Harman at 349-9300 about your speed contest or exhibition of speed misdemeanor appearance in Shafter Courthouse in Kern County.
Otherwise, you can fill out our convenient-to-use contact form or email attorney@biggerharmanlaw.com.
References:
The CA Driver Handbook English y Español.
CA CV 23109, Public Offenses & AB 3, Fong. Exhibition of Speed on a Highway: Punishment.