Exhibition of Speed Ticket, VC 23109(c), Misdemeanor
My question involves a traffic ticket from the state of: California.
Yesterday 1/8/2013 a CHP was slowing down in the 2 of 4 lanes on I15 SB. I had never seen this before so I slowed with him until he stopped and I stopped as well as ALL traffic for him to remove an unsafe piece of metal from the highway. Upon completion of the removal he signaled for lanes 1 and 4 to proceed and then entered his vehicle. He then began to move and turned OFF his lights. To me it indicated that travel could commence. As I commenced my travel my tires squealed. Now I'm 61 years old and not in the habit of ruining tires. In fact I have NEVER had a ticket in my life. I must include this; my vehicle is a Chrysler 300 SRT8 with 455 HP. The car has a little quirk which is evident each time it idles for a period of time after driving for a period of time and then stopping. Ie, red light or traffic stoppage as in this case. The quirk is this; as you press the gas pedal it does nothing and then "Jackrabbits" forward. However, where I live in Utah app. 5000 ft elevation, the wheels have NEVER squealed when it does this, but it DID do it here at app. 300 ft elevation. I AM aware that it does this and adjust accordingly once it has begun to move forward. When he pulled me over I had no idea why until he told me of the "Jackrabbit" squealing tires in addition to cars having to be at least 300 feet from his vehicle when stopped etc. When he said something to the effect that he "thought" I was trying to do it I said "I don't care what you think. I was NOT trying to do so." Anyway he took forever to get back to me with the ticket and gave me one for "Exhibition of Speed" with the (M) or misdemeanor circled.
My thoughts and or questions are these. Why in the world would he first of all mark it as a Misdemeanor and second why when there is NO INTENT or nothing to gain or any LOGIC to the citation, since I was literally right next to him, would he do such a thing and what is my best course of action to fight this. I cannot do ANYTHING it seems until MARCH 6, 2013 as that is the date noted on the citation. I am aware of the actions available as written on the back of the citation.
Re: Exhibition of Speed Ticket, VC 23109 C (M)
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tbh21
My thoughts and or questions are these. Why in the world would he first of all mark it as a Misdemeanor
Simple.. Because he can! I am not trying to be an ass but that is exactly why. He submits it to the DA and the DA decides to either proceed with it as a misdemeanor, or forward it to the court to have it filed as an infraction.
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tbh21
and second why when there is NO INTENT or nothing to gain or any LOGIC to the citation
For one, having knowledge that your car jackrabbits, not taking care of that with it being a "Quirk" and doing so in close proximity to where the cop was is sufficient to prove intent. Further more the only intent required for a 23109(c) is to show that you had the intent to show off even if you were not showing off to anyone in particular. However, intent is not a required element. It could have been accidental... It still would qualify as exhibition of speed.
I realize you will come back and say I was not showing off to anyone... And I am 61 years old and thins is my first ticket. My answer will still be the same but I will add that a 61 year old who is not interested in should off would not have bought a Chrysler 300 with an engine capable of producing 455 HP.
Vehicle Code Section # 23109
(c) A person shall not engage in a motor vehicle exhibition of speed on a highway, and a person shall not aid or abet in a motor vehicle exhibition of speed on any highway.
These would be the elements of the offense that must be proven:
To prove you are guilty, the People must prove that:
1. That you drove a motor vehicle on a highway;
AND
2. While so driving, you willfully engaged in an exhibition of speed.
Someone commits an act willfully when he or she does it willingly or on purpose. It is not required that he or she intend to break the law, hurt someone else, or gain any advantage.
Penal Code Section # 7 The following words have in this code the signification attached to them in this section, unless otherwise apparent from the context:
(1) The word “willfully,” when applied to the intent with which an act is done or omitted, implies simply a purpose or willingness to commit the act, or make the omission referred to. It does not require any intent to violate law, or to injure another, or to acquire any advantage.
A person engages in an exhibition of speed when he or she accelerates or drives at a rate of speed that is dangerous and unsafe in order to show off or make an impression on someone else. And doing so in close proximity of a police officer who is out of his vehicle and attempting to remove a hazard to ensure your safety, is what makes this citation one that is valid. I am not saying this is my mentality, but this is how th e court will look at it.
[The People must prove that the defendant intended to show off or impress someone but are not required to prove that the defendant intended to show off to or impress any particular person.] I think that speaks for itself in spite of the quirk you described.
You will find quite a few cases within the following two cases I am citing below... The discussions there will be the basis for establishing the above elements and you might be interested in reading them.
People v. Lara, 44 Cal. App. 4th 102 - Cal: Court of Appeal, 2nd Appellate Dist., 6th Div. 1996
People v. Grier, 226 Cal. App. 2d 360 - Cal: Court of Appeal 1964
Re: Exhibition of Speed Ticket, VC 23109 C (M)
Did it happen from a dead stop or from 1st to 2nd? Year? On the 2012, road and driver reported chirping between gears. There is a TSB for extreme cases.
http://www.roadandtrack.com/car-revi...ler-300-srt8-1
http://www-odi.nhtsa.dot.gov/owners/...t8!-1069275713
Re: Exhibition of Speed Ticket, VC 23109 C (M)
It looks to me that the cause of the ticket was because he thought you were showing impatience and frustration with his good samaritan but dangerous deed of removing an obstacle from the freeway. Then things were compounded when you did not grovel and apologize for chirping your tires. You instead told him you did not care what he thought. Bad move.
Showing frustration to a cop (in his mind) and not caring what they thinks is very legal. So he retaliated any way he could, by giving you a ticket. The worst ticket he could conjure up.
I'd shop around for a lawyer. If it happened in San Diego County there is a good, inexpensive one down there.
Re: Exhibition of Speed Ticket, VC 23109 C (M)
You really need to stop soliciting employment for lawyers. I suspect you will not be around long if you continue.
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Disagreeable
You really need to stop soliciting employment for lawyers. I suspect you will not be around long if you continue.
There are numerous recommendations here to seek legal help. I am not 'soliciting' a particular law firm. I don't even know the name of that lawyer in San Diego - only that they exist. But thank you for the heads-up.
My only advisement would be when selecting a lawyer to represent you with a traffic incident that you choose one that specializes in traffic law and procedure. Any lawyer will take your money and charge you $1,500 to get out of his chair, but traffic lawyers charge far less, probably because they handle their cases in bulk.
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So Cal
There are numerous recommendations here to seek legal help. I am not 'soliciting' a particular law firm. I don't even know the name of that lawyer in San Diego - only that they exist. But thank you for the heads-up.
My only advisement would be when selecting a lawyer to represent you with a traffic incident that you choose one that specializes in traffic law and procedure. Any lawyer will take your money and charge you $1,500 to get out of his chair, but traffic lawyers charge far less, probably because they handle their cases in bulk.
You're going to mess around and get banned.
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So Cal
If it happened in San Diego County there is a good, inexpensive one down there.
You want someone to believe that after making this statement, you're going to say... I don't know who it is, but I'm just saying that there is one somewhere in San Diego. Go through the phone book and see if you can find him. OF COURSE you are soliciting ONE specific attorney, and I'd bet that if admin looked in your inbox, they may find that you've already made that referral. So just know, that I WILL be in contact with a mod and have them watch you real close so the first time you step over the line... you're out of here - you're teetering the line already.
Re: Exhibition of Speed Ticket, VC 23109 C (M)
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CourtClerk
You're going to mess around and get banned.
You want someone to believe that after making this statement, you're going to say... I don't know who it is, but I'm just saying that there is one somewhere in San Diego. Go through the phone book and see if you can find him. OF COURSE you are soliciting ONE specific attorney, and I'd bet that if admin looked in your inbox, they may find that you've already made that referral. So just know, that I WILL be in contact with a mod and have them watch you real close so the first time you step over the line... you're out of here - you're teetering the line already.
I did not refer someone to one particular law firm. My comment assumes there is more than one traffic lawyer in the greater San Diego County.
Re: Exhibition of Speed Ticket, VC 23109 C (M)
In fairness, here is a previous post that is an attorney’s attempt to get free advertising--a blatant rule violation. That thread had over 700 views but nobody reported it. I should have, but got sidetracked and forgot. Probably now it will soon disappear. This attorney posted only once, used his real name and linked his law firm site at the bottom. He includes useful information, but deceptively states, “I am not seeking clients or marketing…” It looks like he searched “Virginia reckless driving” and then jumped in on a 6-week inactive thread for free advertising. This was the 2nd time I saw a Virginia attorney soliciting “reckless by speed” clients on this forum. The first one was far less subtle but quickly got deleted.
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So Cal
I am not 'soliciting' a particular law firm. I don't even know the name of that lawyer in San Diego - only that they exist.
Yes you are and I quote:
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So Cal
If it happened in San Diego County there is a good, inexpensive one down there.
When you are referring to ONE of anything, you are soliciting for a "particular" one... So you can den reality for as long and as often as you would like, but don't think others are fooled by
Wait... What are you doing reading this??? You claimed all along that you do not read my comments to you and this should be no exception.... I mean God forbid you should try and learn something......
It should have been obvious to you from the get go that your $100 lawyer is not capable of handling a parking citation... Let alone what might likely end up being a misdemeanor. And while that is clearly the only knowledge you have in these matters, yet you continue to use it as your way of "contributing".
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So Cal
but traffic lawyers charge far less, probably because they handle their cases in bulk.
There is no such thing as a "traffic lawyer". That is not a legal specialty! And any "lawyer" who goes through the trouble of becoming a lawyer only to end up strictly handling traffic matters, lacks the motivation and the gall to be a real lawyer. The only specialty that is related to traffic would be DUIs but those are CRIMINAL matters before anything else. I can say from personal experience that most criminal defense lawyers would find it offensive if you were to simply ask them to handle a traffic citation for you... With the exception of your one referral you continue to offer.
Last but certainly not least, and no matter how simple traffic law might be (compared to other areas of the law) the mere suggestion that anyone would consider thinking (let alone posting) to suggest that traffic cases could be handled "in bulk" is beyond clueless... What does that even mean? How can anyone handle cases in bulk when even with simple as they are, no two cases are alike?
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So Cal
My only advisement would be when selecting a lawyer to represent you with a traffic incident that you choose one that specializes in traffic law and procedure.
More idiotic drivel....
From the California State Bar association and whether you want to call it "specialization", or "certification" or "accreditation", and as you can see below, there is no such thing as "a lawyer who specializes in traffic law and procedure:
The State Bar of California's Board of
Legal Specialization certifies specialists in the following areas of law:
LEGAL SPECIALTY AREAS
Admiralty and Maritime Law
Appellate Law
Bankruptcy Law
Criminal Law
Estate Planning, Trust and Probate Law
Family Law
Franchise and Distribution Law
Immigration and Nationality Law
Legal Malpractice Law
Taxation Law
Workers' Compensation Law
The board also accredits the following organizations to offer certification in certain areas of law. Contact these organizations directly to begin the certification process.
Certification
Business Bankruptcy Law
Consumer Bankruptcy Law
Creditors' Rights Law
Civil Trial Advocacy
Criminal Trial Advocacy
Family Law Trial Advocacy
Social Security Disability Law
Legal Malpractice
Medical Malpractice
Elder Law
Juvenile Law (Child Welfare)
Accredited Organization
American Board of Certification
National Board of Legal Specialty Certification
American Board of Professional Liability Attorneys
National Elder Law Foundation
National Association of Counsel for Children