Close

Former Senior LA Prosecutor.
Harvard Law School Educated.
Now Providing an Aggressive Defense For You.

Exhibition of Speed

Exhibition Of Speed Pursuant To Vehicle Code 23109(C)

Under California Vehicle Code Section 23109(c), it is unlawful to engage in an exhibition of speed or a speed contest. At first glance, this may appear to have nothing to do with the offense of DUI and driving under the influence. However, in certain circumstances, a prosecutor may agree to reduce a DUI charge and allow a defendant to plead to a speed exhibition (or “speed ex” as its commonly referred to) under 23109(c). A speed exhibition charge provides many advantages over a DUI conviction and is typically one of the best outcomes available short of an outright dismissal.

There are many reasons why an exhibition of speed is preferable to DUI conviction. The term of probation is much shorter for a speed ex. While a DUI probationary term can range from three to five years, a speed ex carries a probation term of only one to two years. Additionally, should someone convicted of a speed ex violate their probation, the jail term will typically be shorter than that associated with DUI charges. Speed exhibition carries a maximum sentence of 90 days in jail, while the DUI charges range from six months to one or two years, depending on if the individual has prior convictions for DUI. Furthermore, speed exhibition charges cannot be used for enhancement purposes in the case of future DUI-related offenses. That means that if a person charged with DUI but who pleads to the offense as a speed exhibition gets another DUI in the future, that second charge would be treated as if it was a first time DUI. And finally, many people find that a conviction for speed exhibition carries less of a stigma than a Driving Under the Influence charge, as it is not alcohol related. Thus many feel more comfortable with such a charge on their record.

Prosecutors are not typically quick to offer speed exhibitions and generally there must some apparent flaw in their case for them to reduce a DUI to a speed ex. This could involve evidentiary problems such a issues with the blood or breath test, credibility concerns with the officer or obvious inaccuracies within the police report. A prosecutor may also be convinced with a low blood alcohol reading and with evidence that the offender has an otherwise spotless record.

Michael Kraut is a skilled Los Angeles DUI defense lawyer who is adept at highlighting the weaknesses of the prosecutor’s case while emphasizing the merits of his client’s situation to convince the prosecutor to offer a speed exhibition. As a former Deputy District Attorney, he knows what prosecutors look for in assessing cases and can eloquently and effectively argue his client’s position.

For more information about reduced charges such as speed exhibitions and the various defenses for your DUI case, and to schedule your free consultation, contact Michael Kraut at the Kraut Criminal & DUI Lawyers. Mr. Kraut can be reached 24/7 at 888-334-6344 or 323-464-6453.


Client Reviews
★★★★★
Michael Kraut is outstanding! He genuinely cared about my case and instructed my mom and I throughout the entire process. He was very clear on what he needed in order to receive the best results. He kept us updated until the end. I thank him so much for getting my charges rejected. I highly recommend him to anyone with legal needs! Shaquan
★★★★★
I contacted Michael with concern for my personal and business reputation. He was very reassuring and confident the entire time. After about 3 weeks it was determined that no charges were being filed by any agency and I was in the clear of any investigation. One thing that is amazing is just how FAST Michael is at replying to phone calls, texts, and even emails! We are talking under 30 minutes in most cases. That is unheard of for most attorneys! Michael is incredible and not your typical run of the mill attorney. For best results hire him if you feel like you might be under investigation or could face charges. Even if you know you are innocent it is best to take care of the smoke before it becomes a fire. Brad
★★★★★
Michael Kraut is-hands down-the best criminal defense attorney and I can't begin to thank him for all that he did for me and my family. I reached out to him in the middle of the night and less than a couple hours later, he had gotten back to me and scheduled a meeting. He's a no-nonsense attorney who knows how to get the job done! From the second we retained him, I had peace of mind in knowing that we were in the best hands possible. If Michael Kraut couldn't get it done, I knew that it couldn't be done at all. You can't put a price tag on your freedom. He was worth every single penny. Lida
★★★★★
Michael Kraut is an outstanding attorney. He was extremely professional, and straightforward, yet sensitive with my case. I am confident I made the right choice by hiring Michael. I highly recommend him to anyone seeking a truly experienced lawyer. Daniel
★★★★★
Michael Kraut - I cannot thank you enough for all that you did for ​my son. When I came to you I read that you used to be a district attorney but I never knew how much that meant until I watch you in court. I knew it took 3 months but the final day when I heard the judge say that all charges were dismissed it was all worth it! I will always be grateful for all that you did for us. A.N.
Contact Us