Exhibition of speed may be charged as a crime on its own or may be used as a possible plea bargain in DUI case.
In this guide,
I will explain California’s exhibition of speed laws and review when an exhibition of speed plea bargain may be possible in a DUI case.
Let’s get started…
- What Is An Exhibition Of Speed?
- Is Exhibition Of Speed A Misdemeanor?
- What Is The Penalty For An Exhibition of Speed Infraction?
- How Many Points On Your License Is An Exhibition Of Speed?
- When Can A DUI Be Plea Bargained Down To An Exhibition Of Speed?
- What Are The Benefits Of An Exhibition Of Speed vs. A DUI?
- How Long Does Exhibition Of Speed Stay On Your Record In California?
What Is An Exhibition Of Speed?
Exhibition of speed is when you accelerate or drive at a rate of speed that is dangerous and unsafe, in order to show off or make an impression on someone else.
Typically this can be seen as screeching tires whereby your tires lose traction with the pavement and make a loud noise.
What Does The Prosecutor Need To Prove For A Conviction?
- You were driving a motor vehicle on the highway.
- While driving, you willfully1 or intentionally accelerated or drove at a rate of speed considered dangerous and unsafe2.
- And you did so in order to impress another person or to show off, Or
- You aided and abetted someone in committing the offense3.
Is Exhibition Of Speed A Misdemeanor?
A prosecutor has discretion in deciding whether to charge you with a misdemeanor or an infraction, largely depending on the circumstances of the act and the degree to which it posed a safety threat.
What Is The Penalty For An Exhibition of Speed Infraction?
An infraction carries a fine of up to $250.00 and is not a criminal offense.
What Is The Penalty For An Exhibition of Speed Misdemeanor?
As a misdemeanor, you face:
- Incarceration with a maximum of 90-days in county jail.
- A fine of up to $500.
- Summary probation (2-years).
How Many Points Do You Get On Your License For An Exhibition Of Speed?
A conviction for an exhibition of speed results in 2-points that does not lead to a mandatory suspension of your license but could lead to a license suspension if you accumulate:
- 4 points in 12-months
- 6 points in 24-months
- 8 points in 36-months
Can My Car Be Impounded?
The arresting officer has the right to impound your car for up to 30-days.
Your car can be returned to you sooner if:
- Your car was stolen.
- You did not give the driver the authority to drive your car.
- The vehicle was a rental.
- You were not driving and had no knowledge the driver was going to engage in such conduct if charged with aiding and abetting.
- Your charges are dismissed.
Is It Difficult To Have A DUI Plea Bargained Down To An Exhibition Of Speed?
While a prosecutor has the option of offering you or your attorney a reduced charge in exchange for a guilty pleain a case where you face DUI charges, usually it takes concerted and skilled work on the part of your DUI attorney.
When Can A DUI Be Plea Bargained Down To An Exhibition Of Speed?
Factors that may influence a prosecutor to reduce your DUI charge to an exhibition of speed may include:
- You were unlawfully profiled for a vehicle stop4.
- The officer harassed or intimidated you or unlawfully searched you or your car (if eyewitness testimony from others, cell phone video, or video footage from the police car or body cam).
- The breathalyzer was not property maintained or serviced correctly pursuant to statutory guidelines5.
- If you took a blood test, lack of chain of evidence or a showing of a likely tainted blood test result.
- You had a medical condition such as gerd that affected the chemical test results.
- Your BAC level was below 0.08% (you can still be charged with DUI under Vehicle Code 23152(a)).
- Insufficient proof of being under the influence of a drug if so charged.
What Are The Benefits Of An Exhibition Of Speed vs. A DUI?
- Less jail exposure
- Shorter probation
- No priorability
- Lower fines
Let’s look at these benefits individually.
1) Less Jail Exposure
You face up to 90-days for exhibition of speed while a DUI exposes you to up to one-year.
If you are charged with a felony DUI, you face 16-months, 2 or 4 years.
If you happen to violate any term of your probation during this time, you will only spend up to 90-days while you could serve up to a year if you were convicted of DUI.
2) Shorter Probation
A DUI conviction carries probation time of 3 to 5-years, while an exhibition of speed conviction is only 2-years.
3) No Priorability
No priorability can be especially important if you pick up a second DUI case within a ten year period.
This new case would have harsher penalties and much tougher sentencing if you had been convicted in a prior case or plead to a charge that has priorability such as a wet reckless or DUI.
4) Lower Fines
Exhibition of speed can result in a maximum fine of $500 as opposed to $1000 for a DUI.
How Long Does Exhibition Of Speed Stay On Your Record In California?
In California, there is no amount of time that needs to pass for an exhibition of speed to be removed from your record.
Upon conviction, the arrest, charges, and disposition become part of your record permanently.
If you obtain an expungement pursuant to Penal Code 1203.4, the disposition will change from “convicted” to “dismissed,” but the case information will remain.
Important DUI Information
Next Steps If You Need Help
If you have been arrested and would like to learn more about how much DUI attorneys cost.
If you want to understand why its important to have an attorney represent you.
If you would like to discuss a pending case with an attorney contact the Aizman Law Firm at 818-334-6855 for a free confidential consultation.