California Vehicle Code Section 23109(c): Exhibition of Speed charges may apply to any driver accused of exceeding the speed limit or engaging in a speed contest. A conviction for this kind of reckless driving can result in 90 days in jail and many hours of community service.
VC 23109(c) can be used as a criminal charge or as part of a plea bargain. If you face charges, it’s essential to understand your legal options. Find out more about the specifics of your situation with a Los Angeles traffic violations lawyer at the Simmrin Law Group.
You can call or fill out our online contact form to speak to a criminal defense attorney in Los Angeles.
VC 23109(c) as a Criminal Charge in California
The court system in California can prosecute drivers under VC 23109(c) if they engage in an exhibition of speed or motor vehicle speed contests. You may also hear exhibition of speed charges called “speed contests” or “speed ex.” Legally, an exhibition of speed occurs if someone:
- Drives on a highway;
- While accelerating or driving at a dangerous rate of speed;
- To show off or impress someone else
Note that California considers all public streets and roads to be highways. A criminal defense attorney can help you take on this kind of reckless driving charge and any accusations associated with street racing.
Individuals may even face these charges for speeding while driving commercial vehicles.
For a free legal consultation with a california vc 23109(c): exhibition of speed lawyer serving California, call (310) 896-2723
VC 23109(c) and Plea Bargains in California
Sometimes, drivers are offered a VC 23109(c) charge in a plea bargain after initially facing charges for:
- California Vehicle Code Section 23140: Under 21 DUI With Blood Alcohol Content Between 0.05-0.07 Percent
- California Vehicle Code Section 23152(a): Driving Under the Influence of Alcohol
- California Vehicle Code Section 23152(b): Driving With a Blood Alcohol Content of 0.08 Percent or Higher
- California Vehicle Code Section 23152(e): Driving Under the Influence of Drugs
In many cases, a VC 23109(c) charge is far preferable to a charge for driving under the influence (DUI). A DUI conviction comes with harsher penalties, and DUIs are also priorable offenses. Therefore, if you get arrested for two DUIs, the penalties for the second offense will be harsher.
A VC 23109(c) conviction will not count against you in the same way. Many drivers find that accepting a VC 23109(c) charge is in their best interest. A DUI lawyer in Los Angeles can assess your situation to see if a VC 23109(c) plea bargain is right for you.
A Los Angeles criminal defense lawyer can review the differences in these charges to ensure drivers understand all legal options associated with motor vehicle speed contests.
California California VC 23109(c): Exhibition of Speed Lawyer Near Me (310) 896-2723
When Will the Prosecution Agree to a VC 23109(c) Plea?
Typically, a charge of an exhibition of speed under VC 23109(c) is difficult to obtain in a DUI plea bargain. This deal may only end up on the table if the prosecution’s case is very weak.
Instead, the prosecution may push for:
Wet Reckless Charges
When the prosecution negotiates a plea deal on a DUI case, they push for a wet reckless charge. Like a DUI charge, a charge of wet reckless counts as a priorable offense.
That means if you get arrested on a DUI charge again, a wet reckless conviction on your record will increase your penalties.
Dry Reckless Charges
A dry reckless charge falls between the two, and the two sides will often meet in the middle. Because the prosecution’s case has to be relatively weak for them to agree to an exhibition of speed charge, you might choose to take your chances in court and possibly avoid any conviction.
Speak with a DUI lawyer before making any decisions about a plea bargain. An experienced attorney can advise you about your options and let you know the strength of your case and whether a plea deal is right for you.
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What Are Penalties for an Exhibition of Speed Conviction?
Prosecutors can handle motor vehicle speed contests as infractions or a misdemeanor in California. The penalties for these charges vary.
Exhibition of Speed Infraction Penalties
Drivers accused of an exhibition or speed infraction may face a fine of up to $250. Because infractions are civil offenses rather than criminal offenses in California, these drivers should not face any days in jail.
We understand the legal defenses that work to handle these charges and stand ready to represent your best interests.
Exhibition of Speed Misdemeanor Penalties
Misdemeanor charges, on the other hand, are considered criminal offenses. Because of this, the penalties are much harsher. A misdemeanor charge for an exhibition of speed can lead to:
- Fines of up to $500
- Jail time of up to 90 days
- Summary probation
You can compare these penalties to those used for a 1st time DUI conviction, which are fines of up to $2,000 and up to six months in county jail. DUI convictions can also lead to a license suspension, making VC 23109(c) charges useful in many plea bargains.
You can learn more about motor vehicle exhibition charges with our legal team.
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Criminal Defenses for Exhibition of Speed Charges
Many drivers accept exhibition of speed charges as part of a plea bargain. However, some drivers in California face VC 23109(c) charges as the direct result of being pulled over by a police officer. In this situation, drivers can seek help from a criminal defense lawyer.
A professional lawyer can argue several different legal defenses depending on your situation. Below are two of the most common arguments used in a California VC Section 23109(c) case.
You Did Not Willfully Accelerate Dangerously
Some drivers accelerate abruptly without intending to show off or impress anyone. Drivers who have certain medical conditions may accelerate quickly by accident. Elderly drivers may be at an incredibly high risk of accelerating for this reason.
We can help if you face charges for an alleged speed contest when another factor led to you exceeding the speed limit. Establishing reasonable doubt can help you avoid jail time for an exhibition of speed charge.
That You Accelerated to Avoid a Threat to Your Safety
Sometimes, drivers must accelerate abruptly to avoid risk on the roads. While this may resemble exhibitions of speed to an outside observer, a lawyer may be able to show that accelerating suddenly was the best option in your situation.
We focus on establishing reasonable doubt for our clients and showing that you did not intend to participate in a motor vehicle race.
Can a Lawyer Get Your Charges Dismissed?
In some cases, the court dismisses charges, especially if a lawyer can show evidence of police misconduct or racial profiling. Your defense attorney may also point out evidentiary flaws in the prosecution’s case to protect your future.
Law enforcement officers may violate your rights during an arrest. Ensure you share any information about the arrest with your defense attorney, who may use the information to establish reasonable doubt.
A Lawyer Can Help You Handle Exhibition of Speed Charges
You can get help handling California Vehicle Code Section 23109(c): Exhibition of Speed charges by contacting the Simmrin Law Group today. Our professional criminal defense lawyers can help you build a defense or handle the intricacies of a plea bargain.
You can reach us by completing our online contact form or by calling us. Get legal help today with a free consultation. Let us fight to protect your future after an alleged offense.
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