Getting citied for engaging in a speed contest or engaging in an exhibition of speed on a highway is a frustrating event. Unfortunately, many times this violation is misused by police officers who want to punish someone for some reason unrelated to the alleged traffic violation. Ordinarily, when a police officer cites someone for either of these violations they charge the violation as a misdemeanor, and can take you into custody and tow your automobile. If you have been citied or arrested for engaging in a speed contest of engaging in an exhibition of speed on a highway contact me for a free, absolutely confidential case evaluation. Below is a brief summary of the law related to speed contest and exhibitions of speed on the highway.
CVC § 23109 governs speed contest and exhibitions of speed on a highway. Essentially, this statutory scheme prohibits a person from engaging in a motor vehicle speed contest on a highway against another vehicle, a clock, or another timing device. In addition the statue prohibits a person from aiding and abetting in a motor vehicle exhibition of speed on any highway.
Punishment
Conviction of participating in a motor vehicle speed contest WITHOUT INJURY is punishable by imprisonment in county jail for no less than 24 hours and no more than 90 days OR by a fine of $355.00 to $1000.00, or by both that fine and imprisonment. You will also be required to complete 40 hours of community service.
Conviction of participating in a motor vehicle speed contest WITH INJURY is punishable by imprisonment in county jail for no less than 30 days and no more than 6 months OR by a fine of $500.00 to $1000.00, or by both that fine and imprisonment.
Prior convictions of either of the above crimes in a five year period will result in a sentence enhancement.
License Suspension
If you are convicted of engaging in a speed contest and/or exhibitions of speed on a highway you may lose your license. The court may order the privilege to operate a motor vehicle suspended for 90 days to 6 months OR restrict your travel to necessary travel.
Vehicle Impounded
Whenever a police officer determines that you were engaged in a speed contest and/or exhibitions of speed on a highway, you may be immediately arrested and taken into custody. You car may also be impounded for up to 30 days.
Conclusion
The punishment for engaging in speed contests and/or exhibitions of speed on a highway is serious. You can easily lose your driving privileges AND your car may be impounded for a month. You will need a qualified lawyer to evaluate the merits of your case, determine your best course of action, and assist you with your license suspension and/or car impoundment. Don’t risk it all. If you have been citied or arrested engaging in a speed contest I will gladly give you a free evaluation of your case. I provide quality legal services at an affordable price.