The need to exercise your “right to remain silent” is paramount when you face a misdemeanor exhibition of speed charge.
Far too many drivers do not understand the difference between an infraction and a misdemeanor traffic offense. The most significant difference is that the accused faces jail time or probation and possibly a massive fine if convicted.
Furthermore, when a relationship between the misdemeanor exhibition of speed charge or speed contest is related to a “side show,” law enforcement could become more aggressive with the penalties sought since the introduction of AB-3,Exhibition of Speed on a Highway: Punishment, an amendment to CA VC 23109.
AB-3, when enacted next year, will enhance the punishment for convictions of misdemeanor exhibition of speed charges, especially if the District Attorney connects them to illegal sideshows, some of which have resulted in fatal injuries.
Drivers and participants should not be confused by the term “on a highway.” That term is meant to include all public roadways and parking facilities.
What Is a Misdemeanor Exhibition of Speed Charge
CA Vehicle Code (VC) Section 23109 (a), Driving Offenses, states:
“A person shall not engage 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.”
What’s more, paragraph (c) places the same misdemeanor designation on an exhibition of speed.
It goes on to assert that aiding or abetting, such as setting up roadblocks, selling tickets to an illegal event, keeping time, or even attending a speed contest or an exhibition of speed, is a misdemeanor crime.
What Are the Consequences of a Misdemeanor Exhibition of Speed Charge?
A conviction for an exhibition of speed or speed contest and attending or assisting with the event could mean a “base fine” of between $355 and $1,000, plus the surcharges, penalties, and assessments allowed by law, which could bring the total fine to three to five times that amount.
Those convicted could currently be sentenced to from one to 90 days in the Kern County jail or probation for one to two years.
Further, law enforcement could impound any vehicles involved. The owner of these vehicles could be responsible for the towing and storage fees, which could easily total $1,500.
Exercise Your “Right to Remain Silent” & Consult with Bigger & Harman, APC, About a Misdemeanor Exhibition of Speed Charge
If you face a misdemeanor exhibition of speed charge or the related charge of aiding and abetting, invoke your right to remain silent and call Bigger & Harman, APC, at (661) 349-9300—Se habla Español 349-9755.
We are just minutes away in Bakersfield from Lamont, Shafter, and other Kern County police departments. Call us immediately before making any statement to police or court officials.
Or, use our handy online contact form or email attorney@biggerharmanlaw.com.
References:
CA VC Section 23109, Driving Offenses and AB-3, Exhibition of Speed on a Highway: Punishment.