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23109(C) Exhibition of Speed in California

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  • 09-07-2009, 02:42 AM
    egarde5357
    23109(C) Exhibition of Speed in California
    ok so i got pulled over by highway patrol because the guy caught me doing a wheelie on my motorcycle i thought i was going to get reckless driving but he ended up giving me exhibition of speed vc 23109(c) and i wasnt racing anyone or even going over the speed limit. how can i fight this ticket? or "what should i do" any advice would help.
  • 09-07-2009, 09:36 AM
    cyjeff
    Re: 23109(C) Exhibition of Speed in California
    What is your defense?

    In other words, how are you going to convince a court that the officer's eye witness account of your wheelie was in error or was mitigated by another factor?
  • 09-07-2009, 03:24 PM
    That Guy
    Re: 23109(C) Exhibition of Speed in California
    Quote:

    Quoting egarde5357
    View Post
    how can i fight this ticket? or "what should i do" any advice would help.

    23109 (i) A person who violates subdivision (b), (c), or (d) shall upon conviction of that violation be punished by imprisonment in a county jail for not more than 90 days, by a fine of not more than five hundred dollars ($500), or by both that fine and imprisonment.


    Get an attorney!
  • 09-07-2009, 04:37 PM
    That Guy
    Re: 23109(C) Exhibition of Speed in California
    Let me elaborate a bit more. 23109(c) can be charged as either a misdemeanor or an infraction (your citation should have a check box indicating which). If it is the former then 23109(i) applies; otherwise, and pursuant to Penal Code section 19.8: VC 23109(c) charged as an infraction is subject to (base) fine "... not to exceed $250 ... ."... More specifically, and according to the Uniform Bail Schedule the base fine is listed at $75 which after adding penalties and assessments it adds up to $353.

    Either way, and upon conviction, a 23109(c) will earn you 2 violation points on your driving record.
  • 09-08-2009, 12:09 AM
    egarde5357
    Re: 23109(C) Exhibition of Speed in California
    yes i am trying to find out what i can say to get me out of this ticket because a whelie is not burning out or racing so y exihibition of speed i should have got reckless and he circled the "m" for misdemenor on the ticket so any links or questions that you guys can give to cross examinate or get me out of this mess would really help
  • 09-16-2009, 05:22 AM
    egarde5357
    Re: 23109(C) Exhibition of Speed in California
    yws i need a defense
  • 09-16-2009, 09:34 AM
    EWYLTJ
    Re: 23109(C) Exhibition of Speed in California
    Here is the statute:

    Quote:

    (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.
    In my opinion, this is so vague, it should be unenforceable. How can any reasonable person interpret what an "exhibition of speed" is. First of all, the prosecution would have to demonstrate that there were spectators known to the defendant and his exhibition was intended for them to see. Second, what does a "wheelie" have to do with "speed"? A wheelie can be done at less than 5mph. I don't understand how this can be prosecuted at all. Does "exhibition of speed" involve speed or not? If it does, is a speed survey required?

    I can understand how the defendant could properly be cited for a reckless driving ticket or even at a stretch, a 22350. But "exhibition of speed" is so vague that it may as well say "the cop is pissed and wants to write you a ticket".
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