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CVC 23109(C)(I) Exhibition of Speed

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  • 12-12-2009, 01:40 AM
    davisdrafting
    CVC 23109(C)(I) Exhibition of Speed
    California

    (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.
    (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.

    I was pulled over by a rooky (being trained)
    He issued a citation, 23109(c)(i)
    He stated I was riding a wheelie.
    I did not disagree that the front tire
    came off the ground twice, both times
    starting from a dead stop at a stoplight
    I did disagree with willfully riding a “wheelie”

    The dirtbike is very low geared and
    Has a top speed of 70mph. The tire
    consistently leaves the pavement starting
    In 1st or shifting from 1st - 2nd whilst leaning over the handle bars and with 6ga of fuel in the tank.

    The charge of 23109(c) seems to be inappropriate for what took place.
    I was not speeding my tire clearly wasn’t “peeling out” I was in control of the motorcycle and was not showing off.

    What should the appropriate charge be?

    Are there any winning case laws fighting this subjective law?

    It appears all moving vehicles are in violation of this law “exhibition of speed”

    Main Entry: ex•hi•bi•tion
    Pronunciation: \ˌek-sə-ˈbi-shən\
    Function: noun
    Date: 14th century
    1 : an act or instance of exhibiting
    2 British : a grant drawn from the funds of a school or university to help maintain a student
    3 : a public showing (as of works of art, objects of manufacture, or athletic skill) <a one-man exhibition> <an exhibition game>

    Main Entry: 1speed
    Pronunciation: \ˈspēd\
    Function: noun
    Etymology: Middle English spede, from Old English spēd; akin to Old High German spuot prosperity, speed, Old English spōwan to succeed, Latin spes hope, Lithuanian spėti to be in time
    Date: before 12th century
    1 archaic : prosperity in an undertaking : success
    2 a : the act or state of moving swiftly : swiftness b : rate of motion: as (1) : velocity 1 (2) : the magnitude of a velocity irrespective of direction c : impetus
    3 : swiftness or rate of performance or action : velocity 3a
    4 a : the sensitivity of a photographic film, plate, or paper expressed numerically b : the light-gathering power of a lens or optical system c : the time during which a camera shutter is open
    5 : a transmission gear in automotive vehicles or bicycles —usually used in combination <a ten-speed bicycle>
    6 : someone or something that appeals to on 7 : methamphetamine; also : a related stimulant drug and especially an amphetamine e's taste <just my speed>
  • 12-12-2009, 10:25 AM
    EWYLTJ
    Re: CVC 23109(C)(I) Exhibition of Speed
    I agree that the statute for exhibition of speed is ridiculously (possibly unconstitutionally) vague. Since you can't make yourself invisible, everything you do is an "ehxibition". Furthermore, most of these tickets are written because of excessive acceleration, not speed. So, I agree that as the statute is written, any vehicle on the highway could be cited for violating this statute. How any reasonable person can surmise that this is intended to promote safety and not merely revenue is beyond me.

    That being said, you ought not even try to argue that your bike raises the front wheel off the ground as normal operation. I have ridden dirt bikes and street bikes for well over25 years. If you can't control the front wheel, that's operator error. So, you should limit your arguments to the fact that your speed was not excessive nor were you "exhibiting".
  • 12-12-2009, 12:35 PM
    davisdrafting
    Re: CVC 23109(C)(I) Exhibition of Speed
    I understand not arguing this is normal operation for the vehicle, but by not doing so I am giving the impression that it was done willfully.

    One cannot show off (exhibition) if done so unwillingly. Correct?

    Anyways I am looking more on the lines of changing the violation to something more appropriate, (less fine and one less point), not to beat the ticket.
  • 12-12-2009, 04:33 PM
    EWYLTJ
    Re: CVC 23109(C)(I) Exhibition of Speed
    Quote:

    Quoting davisdrafting
    View Post
    I understand not arguing this is normal operation for the vehicle, but by not doing so I am giving the impression that it was done willfully.

    One cannot show off (exhibition) if done so unwillingly. Correct?

    Anyways I am looking more on the lines of changing the violation to something more appropriate, (less fine and one less point), not to beat the ticket.

    I'm not sure how you plan on doing that. First, there will be no prosecutor to change the charge. Second, if the charge is inappropriate, you should make that your defense. Don't accept a different charge just because you were charged with something inappropriate.
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