An exhibition of speed conviction in California comes with penalties that can stay on your record for years. As a misdemeanor criminal offense, exhibition of speed can stay on your criminal record for seven years. The DMV will keep the offense on your driving record for 13 years.
If you have been charged with a DUI offense, you may be able to have your charge downgraded to exhibition of speed. While the penalties for an exhibition of speed conviction are not light, they are much less severe than those associated with a DUI conviction. If you’d like to hear more about your DUI defense options, call (310) 862-0199 for your free case evaluation.
Penalties for an Exhibition of Speed Conviction
An exhibition of speed is an offense under California Vehicle Code Section 23109(c). If convicted under this section of the Vehicle Code, you can face:
- A maximum of $500 in fines
- A maximum sentence of 90 days in a county jail
- Up to two years of probation
- Two points on your driver’s license
The points on your license are a mandatory penalty upon conviction. The fine and the jail sentence are not mandatory penalties. A judge may order you to pay the fine, serve a jail sentence, or both. The probation will depend on the level of the penalty you face.
Impact on Your Criminal Record
The impact on your criminal record from an exhibition of speed charge will depend largely on how it is charged. Prosecutors have the option of charging an exhibition of speed as either an infraction or a misdemeanor. If you face the charge as an infraction, you will:
- Face a lower maximum penalty ($250 instead of $500)
- Avoid probation
- Not have a criminal record of the charge
If you are convicted of exhibition of speed at the misdemeanor level, the charge is a criminal offense. A misdemeanor conviction can remain active on your criminal record indefinitely but will only show up on background checks for seven years.
Expunging an Exhibition of Speed Misdemeanor
It is possible for you to remove a misdemeanor exhibition of speed conviction prior to reaching the seven-year mark. The process, known as expungement, may be possible if:
- You are not in an active criminal case.
- You have paid all the penalties associated with the initial conviction.
- You completed all jail and probation sentences.
If you meet all these criteria, you may file a request with the court to have the conviction expunged. Once it gets approved, it should no longer appear on most background checks. The police and background checks for certain sensitive jobs will be able to see the conviction, but it will be marked as expunged from your record.
Impact on Your Driving Record
Conviction of an exhibition of speed will earn you two points on your license, which is monitored closely by the DMV. As a two-point offense, the DMV will keep a record of the exhibition of speed charge for 13 years.
The biggest potential impact of a two-point offense will come from repeated violations in a short period of time. While the criminal charge doesn’t carry a mandatory license suspension, accumulating points on your license too quickly can. You may be subject to a license suspension for an exhibition of speed conviction if you receive:
- Four points in 12 months
- Six points in 24 months
- Eight points in 36 months
Hitting any of these thresholds triggers the Negligent Operator Treatment System (NOTS). Under NOTS, you have the chance to contest the suspension. By requesting a hearing, you and your lawyer may be able to argue for leniency from the DMV.
Exhibition of Speed Plea Bargain
If you’ve been arrested under suspension of DUI, you may be eligible for a downgrade of your charges to exhibition of speed. Receiving this downgrade is a much better option because you face:
- No mandatory jail sentence
- No mandatory license suspension
- No ignition interlock device
- Substantially lower fines
Getting offered an exhibition of speed plea bargain will depend on your driving record, the facts surrounding your arrest, and the strength of your defense. A skilled DUI lawyer may improve your chances of receiving the downgrade.
If you’d like to speak with a knowledgeable DUI lawyer for free about the possibility of seeking a downgrade to your DUI charges, call (310) 862-0199 or use the contact forms on this site.