A charge of 23109(a), Speed Contest, is a serious misdemeanor traffic offense. Unlike exhibition of speed, this charge is not a wobbler, meaning it is always charged as a misdemeanor.
Typically exhibition of speed is charged when a police officer observes a vehicle engaged in a race against another vehicle, a clock, or other timing device.
Often people are wrongfully accused of a speed contest because of some other reason. The officer may see two vehicles speeding and assume they are racing together, despite other facts.
The penalties for exhibition of speed vary depending on the facts. As a misdemeanor, the possible consequences are:
Not all penalties need be imposed in every case. We may be able to get the case amended to a different charge with lesser penalties, or dismissed entirely. Even if convicted, we will be able to argue with the court to reduce your sentence to the minimum possible under the law and ask the court to give you a restricted license for 90 days to six months to allow you to drive to and from work. If no plea deal is appropriate, then we can set the case for trial, preparing to fight the case in front of a jury.
If you or your loved one has been arrested or cited for a speed contest, do not hesitate to contact us at 916-546-8052 immediately to discuss your case. Protect your rights and get the best possible outcome available. Our firm handles these cases all over California, including in Sacramento, Yolo, Placer, El Dorado, Sutter, San Joaquin, and Nevada Counties.
California DMV – Speed Contest and Exhibition of Speed (http://www.dmv.ca.gov/pubs/vctop/d11/vc23109.htm)