California Vehicle Code § 23109(c) VC, commonly referred to as “Exhibition of Speed” or informally as “Speed Ex,” is a serious traffic violation that makes it a crime to engage in dangerous, attention-seeking driving maneuvers on public roads. It is a critical statute used by law enforcement to address reckless behavior often associated with illegal street racing and showing off.
This comprehensive guide explains the exact elements of this offense, the severe penalties a conviction carries, and the strategic legal defenses available to protect your driving record and freedom.
What is the Exhibition of Speed? The Legal Elements
To convict a driver of violating California Vehicle Code § 23109(c), the prosecution must prove two core elements beyond a reasonable doubt:
Driving on a Public Area: The defendant was operating a motor vehicle on a “highway” (which legally includes most public streets and roads) or in a public-access offstreet parking facility.
Willfully Engaging in an Exhibition of Speed: While driving, the defendant intentionally accelerated or drove at a speed that was dangerous and unsafe for the conditions, with the specific intent to show off or make an impression on another person.
Essential Interpretations:
Willful Intent: The act must be deliberate. If sudden acceleration was caused by a mechanical malfunction, an unexpected medical event, or a simple mistake, the element of “willfully” is not met.
Dangerous Speed: Crucially, you do not have to break the posted speed limit to be guilty of this crime. The focus is on the manner of driving. Actions that qualify often include:
Rapid acceleration that causes the tires to squeal or lose traction.
Performing “burnouts” or “donuts.”
Aggressive swerving or braking to show off a vehicle’s performance.
The Intent to Impress: The prosecution must demonstrate the driver’s motivation was to display the vehicle’s speed or performance for the sake of attention. They only need to prove this intent existed, not that any particular person was actually impressed.
This section of the code differs from a Speed Contest (VC § 23109(a)), which requires a race against another vehicle or timing device. An Exhibition of Speed can be a solitary act.
Penalties and Consequences of a VC 23109(c) Conviction
A violation of VC 23109(c) is typically charged as a misdemeanor criminal offense in California, carrying serious potential jail time and financial burdens. In limited circumstances, it may be charged as a lesser infraction.
Misdemeanor Consequences
If convicted of misdemeanor Exhibition of Speed, the penalties are significant:
Jail Time: Up to 90 days in county jail.
Fines: A maximum base fine of $500, which will be compounded by court fees and penalty assessments, resulting in a much higher total cost.
Probation: Misdemeanor (summary) probation, which involves mandatory reporting and adherence to specific court-ordered conditions.
Vehicle Impoundment: Law enforcement has the right to seize and impound the vehicle used in the offense for up to 30 days at the owner’s expense.
Criminal Record: This conviction results in a misdemeanor criminal record, which can impact future employment, professional licensing, and educational opportunities.
Driving Record and Insurance Impact
A conviction under VC 23109(c) has immediate and lasting effects on your driving privileges:
Points: Two points are added to your California Department of Motor Vehicles (DMV) driving record. Accumulating too many points in a short period can lead to your driver’s license being suspended as a “Negligent Operator.”
Insurance Rates: Your car insurance premiums are likely to increase dramatically, as a misdemeanor reckless driving conviction flags you as a high-risk driver.
Infraction Penalties
If the charge is reduced to an infraction, the primary penalty is a fine of up to $250. While it carries no jail time, the conviction still places two points on your driving record.
Strategic Defenses Against Exhibition of Speed Charges
Successfully defending against a VC 23109(c) charge requires challenging the prosecution’s ability to prove the legal elements, especially the driver’s intent. Common legal defenses include:
1. No Intent to “Show Off”
This is the most critical defense. The entire charge hinges on the willful intent to impress or show off. An attorney can argue that the dangerous speed or acceleration was caused by an alternative, non-criminal motivation:
Necessity: Accelerating quickly was required to avoid a potential accident, merge into fast-moving traffic, or escape a perceived threat.
Mistake or Error: The driver misjudged the force needed to accelerate, or the act was an unintentional over-reaction to an ordinary driving situation, which the officer misinterpreted.
Medical or Mechanical Issue: Sudden, unsafe speed was caused by a faulty component in the vehicle or a temporary medical issue, negating the “willfully” element.
2. Lack of Evidence of Dangerous Driving
The defense can argue that the speed or maneuver was not objectively “dangerous and unsafe” under the specific traffic and weather conditions at the time. This challenges the officer’s subjective observation and judgment.
3. Unlawful Stop or Detention
If the police officer did not have a valid, legal reason (probable cause or reasonable suspicion) to pull over or detain the driver, any evidence collected during the stop may be suppressed (thrown out) by the court, potentially leading to the dismissal of the charge.
4. Not on a Public Road
If the alleged exhibition occurred entirely on private property, such as a private driveway or a closed commercial lot not open to public vehicle access, the VC 23109(c) statute may not apply.
VC 23109(c) as a Plea Bargain for DUI
Exhibition of Speed is frequently used in California courts as a favorable plea bargain option for drivers originally arrested for Driving Under the Influence (DUI).
Attorneys often negotiate a reduction from a DUI charge to a VC 23109(c) conviction, particularly for first-time offenders with low Blood Alcohol Content (BAC) or where the DUI evidence is weak. The benefits of this reduction are substantial:
Avoids DUI: A conviction for VC 23109(c) is not a DUI conviction and does not carry the same stigma or severe consequences.
No Priorable Offense: Unlike a “wet reckless” plea, Exhibition of Speed is a non-priorable offense, meaning it cannot be used to increase the penalties for a future DUI arrest.
No Mandatory License Suspension: It avoids the mandatory, lengthy driver’s license suspension imposed by the DMV for a DUI conviction.
Avoids IID: It typically avoids the mandatory installation of an Ignition Interlock Device (IID) required for many DUI convictions.
However, even as a negotiated reduction, it remains a misdemeanor criminal offense that results in two points on the driving record, emphasizing the need for skilled legal representation to explore all options.
Call to Action
If you or a loved one are facing charges under California Vehicle Code § 23109(c), Exhibition of Speed, you are facing a criminal misdemeanor conviction that can result in jail time, steep fines, and a negative impact on your driving record and future opportunities. Do not navigate the complexities of this charge alone. Southwest Legal specializes in defending serious traffic and criminal cases throughout Southern California. Call us today for a consultation to discuss your defense strategy and explore your options for fighting or reducing your VC 23109(c) charge.
