Drivers in California may face charges under CA Vehicle Code 23109(c) – Exhibition of Speed if the police accuse them of accelerating or driving at a dangerous speed because they want to show off or impress another person.
Individuals convicted under VC 23109(c) can face months of time in county jail and fines. While VC 23109(c) represents a standalone charge, attorneys may also use it as part of a plea bargain for a client arrested for driving under the influence (DUI).
You can learn more about this charge with a Los Angeles DUI lawyer.
What Leads to VC 23109(c) Charges?
The police use VC 23109(c) allegations if they accuse a motorist of willfully engaging in an “exhibition of speed” while operating a motor vehicle on a highway. Drivers can face this charge while operating a:
- Passenger vehicles (including cars, vans, and trucks)
- Bus (including a school bus)
- Motorcycle
- Commercial vehicle
- Truck tractor
California considers any road open to the public and publicly maintained a “highway.” Therefore, any public street may qualify as a highway for a VC 23109(a) accusation.
However, private roads do not meet the legal definition of a highway in most contexts. Any motorist who drives at a dangerous or unsafe speed to show off on these public roads may face a CA Vehicle Code 23109(c) – Exhibition of Speed charge.
Note that the police can arrest you under VC 23109(c) even if you do not exceed the speed limit. Accelerating too fast can result in a ticket for a speed contest. You can learn more about this charge with a criminal defense attorney.
What Are the Penalties for Vehicle Code 23109(c) – Exhibition of Speed?
The court system in California may treat a VC 23109(c) violation as either an infraction or a misdemeanor. Generally, infractions only result in a fine. Sometimes, the court allows an individual to complete community service instead of the fine.
Individuals without prior convictions for traffic violations may only face an infraction.
However, drivers with past convictions for engaging in a motor vehicle speed contest or breaking other traffic laws may face more serious misdemeanor charges. A misdemeanor conviction may result in:
- Up to 90 days in jail
- Fines of up to $500
- Summary (or misdemeanor) probation
Both infraction and misdemeanor charges for exhibition of speed come with less severe penalties than a DUI conviction. Therefore, criminal defense lawyers sometimes seek a VC 23109(c) charge as part of a charge reduction through a plea bargain.
What Are DUI Penalties?
Drivers convicted of driving with an elevated blood alcohol content (BAC) can face thousands of dollars in fines, months of jail time, and a requirement to attend DUI school. They may also face restrictions on their driver’s license, including orders to install an ignition interlock device (IID).
A lawyer can tell you more about CA Vehicle Code 23152 (a) – Driving Under the Influence of Alcohol penalties.
Should You Take a VC 23109(c) Plea Bargain?
Your lawyer may advise you to take a plea bargain that requires you to plead guilty to VC 23109(c) after an arrest for driving under the influence. This kind of deal may represent your best option to reduce the penalties you experience.
An exhibition of speed conviction does not count as a prior DUI on your driving record. That means if you get another DUI in the future, the court will treat it as a first-time DUI without any extra penalties, saving you tens of thousands of dollars and years of headaches.
However, you will still face penalties for engaging in a motor vehicle speed contest, so your attorney may review other options to resolve your legal case.
Can You Always Take a VC 23109(c) Deal?
Lawyers cannot reduce every DUI to VC 23109. One of the most significant factors is how good your legal representation is. If you have an experienced DUI lawyer, they will know what to say and what evidence to present to push the prosecutor into a corner.
At that point, the prosecutor may offer you a way out. Taking an exhibition of speed charge instead of a DUI could be that way out. You can learn more about this option when you reach out to a criminal defense law firm.
What Defenses Work for VC 23109(c) Charges?
A defense lawyer may help you face CA Vehicle Code 23109(c) – Exhibition of Speed charges by arguing that you never willfully decided to engage in the alleged speed contest.
Depending on your circumstances, an attorney may argue that you only accelerated or drove at a high rate of speed because:
- You feared for your safety and were attempting to get out of a dangerous situation
- You have a medical condition that causes you to accelerate in an unusual
- You were in an emergency situation
A lawyer may also work to dispute the reports of the law enforcement officers who arrested you. You can discuss all your options by reaching out to an attorney for help immediately after an arrest.
Lawyers can also help with other speed-related offenses, including violations of CA Vehicle Code 22350 – Basic Speed Law and charges for CA Vehicle Code § 23103 Reckless Driving.
How Does a Lawyer Handle a VC 23109(c) Accusation?
A conviction for exhibition of speed can leave you with fines and 90 days in county jail. Fortunately, an attorney may build a solid defense to help you face these allegations. Depending on your circumstances, a lawyer may:
Get Your Charges Dropped
In some cases, lawyers can push the court to dismiss your exhibition of speed charges. Generally, the court will dismiss charges if the prosecution lacks sufficient proof to establish that you broke the law.
The court may also dismiss your charges if a lawyer can prove that a police officer violated your rights. For example, if a lawyer can show that the police engaged in racial profiling when pulling you over, the court may dismiss your charges.
You do not face any legal penalties after the dismissal of a speed contest charge.
Get Your Charges Reduced
You may want to reduce your charges if you face a misdemeanor accusation under VC 23109(c). In this situation, your lawyer may work with the prosecution and try to reduce the charge to an infraction under California’s speed contest law.
You can discuss this option with your attorney immediately after an arrest.
Represent You in Court
Finally, you can count on a criminal defense attorney to represent you in front of a judge and jury if you’re accused of a motor vehicle speed contest.
Your lawyer will strive to establish reasonable doubt that you never intended to show off for another party, even if you exceeded the speed limit.
Getting help from a legal professional can help you avoid time in county jail, fines, and other legal penalties.
Talk to an Attorney About VC 23109(c) Charges
You can get professional help handling CA Vehicle Code 23109(c) – Exhibition of Speed allegations in Los Angeles. An attorney will help you review all your available legal options and stick with you from the moment of your arrest.
Our team can help you find a professional law firm that will provide you with dedicated support. You can learn more when you call or complete our online contact form.