DUI Reduction: Exhibition of Speed
If you’ve been charged with driving under the influence in the state of California, you’re looking at some serious penalties. However, with an experienced attorney by your side, some – maybe even all – of these penalties can be avoided. One method used is to bargain for reduced charges, such as the California Vehicle Code §23109 charge of exhibition of speed.
What Is ‘Exhibition Of Speed’?
According to §23109 VC, “Exhibition of Speed” is basically the legal term for an illegal street race in which a motor vehicle races against another motor vehicle or even an electronic device such as a clock.
Comparing The Penalties For Exhibition Of Speed Vs. DUI
It is important to bear in mind that an exhibition of speed charge is still a misdemeanor, and as such, comes with its own list of penalties. However, as rough as those penalties may be, they are still only half as bad as the penalties you may be facing with a DUI charge:
First-Time DUI Offender
| Exhibition of Speed | DUI | |
| County Jail Time | Up to 90 days (3 mo.) | Up to 180 days (6 mo.) |
| Fine Amount | Up to $500 | Up to $1,000* |
| Probation Period | 1-2 years | 3-5 years |
| Mandatory License Suspension Period | None | 6 months |
| DUI School? | No | Yes (3 mo.) |
| Priorability? | No | Yes |
*Does not include Penalty Assessment fees (typically ~$2,000)
SECOND/THIRD TIME DUI OFFENDER
| Exhibition of Speed | DUI | |
| County Jail Time | Up to 90 days (3 mo.) | Up to 365 days (1 year) |
| Fine Amount | Up to $500 | Up to $1,000* |
| Probation Period | 1-2 years | 3-5 years |
| Mandatory License Suspension Period | None | 2 years for 2nd offense 3 years for 3rd offense |
| DUI School? | Yes (9 mo.) | Yes (18-30 mo.) |
| Priorability? | No | Yes |
*Does not include Penalty Assessment fees (typically ~$2,000)
Apart from the two most notable differences in county jail time and the fine amounts, the differences in probation periods and priorability make an exhibition of speed conviction worth pursuing over a DUI.
For example, a common rule when you are on probation is that you are not allowed to drive with any amount of alcohol in your system. If you were to violate this rule, you will be said to have violated probation, and as a result may face more jail time, fines, and may even have to re-start your entire probation period all over again.
Likewise, having a prior DUI conviction on your record means that a second DUI charge within a 10-year period will result in much harsher penalties than the first time around, such as up to one year in county jail, three to five years of probation, and a two-year suspension of your driver’s license.
Furthermore, there are plenty of other hassles that can be avoided by reducing your DUI charge to an exhibition of speed charge. Some examples include:
- Having your driver’s license suspended
- Having to complete a DUI program
- Having to install an Ignition Interlock Device in your vehicle
Does My Case Qualify For Reduction?
There are a number of different factors that come into play when determining the likelihood of reducing your DUI charge, but the most important is whether or not the prosecutor has enough evidence to convict you of the DUI as it stands.
Our skilled attorneys will make it a point to check and double-check the results of your blood or breath sample and make sure the devices used were properly calibrated at the time of your arrest. Furthermore, during our free sit-down consultation session, we will hear your side of the story starting from the moments leading up to your arrest to make sure that it was legally valid and that all of your constitutional rights were respected.
How Can Ernenwein & Mathes, LLP, Help?
If you’ve been charged with DUI, Ernenwein & Mathes, LLP, can help. Robert Ernenwein is a former Los Angeles deputy district attorney, and we will use his knowledge of how prosecution views DUI cases and our 60 combined years of experience as criminal defense attorneys to help get your DUI charges reduced.
We know you’re ready to put your past behind you and get your life back on track and we’re ready to do what needs to be done in order to make that happen.
Have you or someone you know been charged with DUI or any other crime? Contact Ernenwein & Mathes, LLP, Los Angeles and Orange County criminal defense lawyers today at 424-552-3901 for a free case review.