Speed Exhibition Can Lead to Deadly Consequences – Vehicle Code Section 23109

Memorial Day will always be a time of solemn remembrance for the parents of five Irvine high school students killed in a gruesome car accident that investigators determined was caused by excessive speeding.

Traveling in excess of 100 miles per hour on a downhill stretch of Jamboree Road, the teenager driving the vehicle lost control of the car and veered into the center divider striking a tree. The car was ripped in half and burst into flames. Four of the students were ejected from the vehicle and died on the scene. Another was taken to the hospital, but died as a result of injuries sustained in the explosive crash. The 17-year old driver allegedly did not have a California license, according to DMV officials.

Investigators described the collision scene as so horrific, they thought two cars had been involved. Flaming wreckage had been strewn all over the road, causing one investigator to say about the accident that “[t]his was, if not the worst, one of the worst I’ve ever seen.”

Speed Exhibition Penalties under Vehicle Code Section 23109 (CVC 23109)

California law makes it a misdemeanor crime to engage in a speed exhibition on a highway (CVC23109). Also known as “speed ex,” if you are convicted of violating this law, the court has the option to punish you with any of the following:

• First offense
  • 24 hours to 90 days in jail;
  • A $355 to $1000 fine;
  • 40 hours of community service;
  • 90-day to six-month suspension or restriction of your driver’s license; and
  • Three years of informal probation.
• First offense causing bodily injury to a passenger
  • 30 days to six months in jail;
  • A $500 to $1000 fine;
  • A six-month suspension or restriction of your driver’s license; and
  • Three years of informal probation.

If you have a prior conviction within five years, you will be required to serve four days to six months in jail and you will be fined $500 to $1000. The penalties increase significantly if you violate speed exhibition laws with a prior conviction within five years and you injure or seriously injure a passenger:

• Second offense within five years causing bodily injury to a passenger
  • A minimum of 30 days to six months in jail;
  • A $500 to $1000 fine;
  • A six-month suspension or restriction of your driver’s license; and
  • Three years of informal probation.
• Second offense within five years causing serious bodily injury to a passenger
  • May be charged as a “wobbler” – meaning you can be prosecuted for a misdemeanor, punishable by 30 days to one year in jail; or a felony, punishable by up to three years in jail. “Serious bodily injury” is defined under Penal Code section 243(f)(4).);
  • A $500 to $1000 fine;
  • A six-month suspension or restriction of your driver’s license; and
  • Three to five years of formal probation.

Additionally, the Department of Motor Vehicles (DMV) will add 2 points to your driving record if you are convicted of a speed offense under CVC 23109. Your car insurance provider will almost assuredly raise your premiums as well.

If you engage in speed exhibition and you cause the death of a passenger or another driver you face even more severe consequences. You could be prosecuted for vehicular manslaughter.

Contact a California Criminal Defense Lawyer if You are Charged with Speed Exhibition

You need to speak to an attorney at Wallin & Klarich right away if you are facing a speed contest or exhibition charge. At Wallin and Klarich, we have over 40 years of experience successfully defending our clients who have been charged with driving-related offenses. We are familiar with all of the elements that the district attorney must prove in order to convict you of these crimes.

With offices in Los Angeles, Sherman Oaks, Torrance, Tustin, San Diego, Riverside, San Bernardino, Ventura, West Covina and Victorville, the knowledgeable speed exhibition defense attorneys at Wallin & Klarich are available 24/7 to help you keep your driver’s license, avoid having to pay a heavy fine and, most importantly, avoid serving time in jail. If all of the elements of a speed contest or exhibition crime are not present, the skilled attorneys at Wallin & Klarich will aggressively defend you and we will help you win your case.

Call us at (877) 4-NO-JAIL or (877) 466-5245 for a free telephone consultation. We will get through this together.