California Exhibition of Speed (Speed "ex")| California Vehicle Code 23109 (c) VC

California Vehicle Code 23109(c) punishes those who engage in "exhibition of speed" or "speed contests". So why are we discussing this charge in connection with a DUI article? Because.

A speed "ex" (or "9" as it is commonly referred to) is a reduced charge frequently negotiated for during California DUI plea bargaining. While a speed ex typically has nothing to do with driving under the influence, it is a uniformly understood California DUI reduction.

A speed ex under Vehicle Code 23109 (c) offers significant advantages over a DUI conviction. A skilled California DUI defense attorney knows the most effective arguments that may convince prosecutors to offer you this reduced charge.

In an effort to negotiate am exhibition of speed, your DUI lawyer will vigorously attack the weaknesses in the prosecution's case.and will simultaneously highlight the strengths in yours.

The Advantages of a California Speed Ex over a California DUI

Although a California speed ex is still a misdemeanor, the penalties that it carries are significantly more favorable than those imposed in connection with a California DUI. Let's take a look at some of these advantages.

• Shorter probation

While California DUI sentencing typically involves a three- to five-year probation period, a California speed ex generally only carries one to two years of probation.

This is important if you were to get arrested for a new crime or otherwise do something that violates the terms of your probations (such as driving with any measurable amount of alcohol in your system). You can't be sentenced to a probation violation if you are no longer on probation.

• Shorter county jail sentence

An exhibition of speed under Vehicle Code 23109(c) VC carries a maximum 90-day county jail sentence. A DUI carries a maximum six-month sentence, one year for a second or third offense.

This, like a shorter probation period, becomes especially critical in the event that you do something that would constitute a probation violation. If you get punished for a probation violation, the maximum sentence that could be imposed (if the original conviction was for a speed ex) is 90 days in jail. This is half or less of what you would otherwise be subject to for a California DUI conviction.

• Reduced fines

A speed ex subjects you to a maximum $500 fine, whereas a California DUI subjects you to a maximum $1,000 fine. Once county penalty assessments get added, the base amount of the fine usually more than triples.

• No priorability

This is one of the most noteworthy differences between a DUI and an exhibition of speed.

A DUI (and even a "wet" reckless) are priorable offenses. This means that if you get convicted of either offense, and subsequently pick up another DUI within a ten-year period, you will face substantially higher DUI sentencing on the new case.

This is not the situation with a speed ex. There is no automatic sentence increase because of a speed ex on your record.

When is the Prosecutor Likely to Agree to a California Exhibition of Speed?

Prosecutors will typically only offer a California exhibition of speed reduction in a case with evidentiary flaws. The prosecutor would only likely agree to this charge in a situation where he/she suspected that a jury would not convict you of DUI.

• The results of your blood or breath sample,



• the credibility of the officer,



• mistakes in the police work, and



• your criminal history

will all be taken into consideration when your attorney and the prosecutor discuss your DUI case.

As you can see, there is certainly no guarantee that a DUI case will get reduced to a speed ex. It is a charge that only a skilled California DUI defense attorney can negotiate and, even then, certain facts must be on your side.

To learn more about exhibition of speed under California Vehicle Code 23109 (c), or to find out if your case could qualify for this reduction, please don't hesitate to contact us at one of our local DUI law offices.

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