CA, 23109 c Exhib. of Speed - ticket wrong location written

[TommyR1]

What is the name of your state? California

I made a RH turn onto a street and was in the wrong gear in my car when I got back onthe gas, the wheels spun for a split second and then subsided with the activation of the traction control system. The citing officer gave me a ticket for Exhibition of speed and marked is is a misdemeanor.

I did not admit to the charges. On the ticket he wrote down an incorrect intersection at which the incident took place.

Can somebody give me advice on what I should do?

 

[JETX]

Your options are:
1) Admit to guilt and pay the ticket, or
2) Plead not guilty and attempt to defend yourself in court.

If you do the 2nd option, you will need to come up with a better 'excuse' than the incorrect gear one. That might be an explanation (of what happened), but does not excuse it.

California Vehicle Code:
"23109. (a) No person shall engage in any motor vehicle speed contest on a highway. As used in this section, a motor vehicle speed contest includes a motor vehicle race against another vehicle, a clock, or other timing device. For purposes of this section, an event in which the time to cover a prescribed route of more than 20 miles is measured, but where the vehicle does not exceed the speed limits, is not a speed contest.
(b) No person shall aid or abet in any motor vehicle speed contest on any highway.
(c) No person shall engage in any motor vehicle exhibition of speed on a highway, and no person shall aid or abet in any motor vehicle exhibition of speed on any highway."

 

[lwpat]

CA takes exhibition of speed seriously.

"(i) Any person who violates subdivision (b), (c), or (d) of this
section shall upon conviction thereof be punished by imprisonment in the county jail for not more than 90 days or by fine of not more than five hundred dollars ($500) or by both that fine and imprisonment."

You have several options. I do not think that this violation is eligible for traffic school but you can call the clerk of court and ask. If you find out let me know.

You can request a trial by declaration. This is done entirely by mail and if you are found guilty you can request a new trial in writing. Email me and I can send more info on this.

You can request a trial by judge or by jury and present your evidence. If you do this you need to retain an attorney.

You can show up on your court date and try to negotiate for a lesser offence.

"On the ticket he wrote down an incorrect intersection"
This is immaterial and can be corrected. If you go to trial you can bring this out in testimony and it may help your case or it may not, probably not.

 

[gotocourt]

TommyR!:

lwpat is on the right track. However, I do not necessarily agree with the "trial by declaration". It is a waste of time unless you offer your testimony. Then when you request a new trial, the declaration may be used to impeach you.

The charge is a misdemeanor. Therefore, you are entitled to a jury trial, a right you don't have with an infraction. You are also entitled to a court appointed attorney if you cannot afford one.

These cases are a little tough becasse of the image created by the chirping (squealing) tires. If you hve traction control it is unlikey that the spinning wheel lasted more than a second or two, a factor that weighs in your favor. Actually the entire loss of traction issue has always seemed to me to be contrary to the intent to exhibit speed. Loss of traction is certainly counter-productive to speed, whether in drag racing or road racing.

Since thie charge is a misdemeanor, you may want to attempt to get it reduced to an infraction (even if there is no lesser included offense) such as speeding by itself so that you can elect traffic school. Such a tactic may be the safest way to proceed.

By the way, as I recall this charge will count as two points on your driving record if you are convicted.

 

[TommyR1]

Thanks for your insights. I will look into getting an attorney to represent me. Would anyone happen to know a reasonable cost range for something like this to hire an attorney to represent me? Would anyone happen to have someone they might recommend to me? for San Diego.

 

[lwpat]

Try the link at the top of this page. If no one is listed send me an email and I can send you some other resources to check. Shouldn't be a problem to find someone in your area. Some of your friends might possibly have a recommendation also.

In my area it would run 200 to 300 dollars and be money well spent. I don't know what someone in CA would charge.


NOTICE- The author of this post is not an attorney. The
information presented here is the result of the authors
research and thirty years experience in the legal codes,
cases and practices of the States of North and South Carolina,
and the county in which author resides and is for general
information only. Be advised the legal codes, cases, and
practices of any other state or county could vary greatly.
If you need legal advice contact an attorney

 

[justin2003]

In our court, it doesn't matter if are represented by counsel or not, you still get the same fine.

You can go to the arraignment and try to explain the sitation to the magistrate and maybe he will amend it to an "unsafe start" violation which is an infraction.

In any event if you want to plead not guilty, you can ask for a jury trial, DO NOT WAIVE TIME (arbuckle waiver), and request a public defender (free lawyer) if you make less than $2,000/mo before taxes (this varies from county to county)

Good luck