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    Default Re: Exhibition of Speed Ticket, VC 23109 C (M)

    Quote Quoting tbh21
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    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.

    Quote Quoting tbh21
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    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

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