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    Question Exhibition of Speed 23109(c)

    So I was cited for exhibition of speed a few weeks ago. I peeled out turning left onto a freeway onramp in first and second gear. The citation states only exhibition of speed 23109(c) and in the notes "peeling out in 1st & second gears". He wrote approximate speed as 25 and under "safe" wrote 5. I've looked up the CA VC on this and it states, contrary to his innitial threat of arresting me, impounding my car and me losing my license right then, that:
    23109. (a) A person shall not engage in a motor vehicle speed contest on a highway. As used in this section, a motor vehicle speed contest includes a motor vehicle race against another vehicle, a clock, or other timing device. For purposes of this section, an event in which the time to cover a prescribed route of more than 20 miles is measured, but where the vehicle does not exceed the speed limits, is not a speed contest.

    (b) A person shall not aid or abet in any motor vehicle speed contest on any highway.

    (c) A person shall not engage in ( )1 a motor vehicle exhibition of speed on a highway, and ( )2 a person shall not aid or abet in a motor vehicle exhibition of speed on any highway.

    ...

    (i) ( )8 A person who violates subdivision (b), (c), or (d) ( )9 shall upon conviction ( )10 of that violation be punished by imprisonment in a county jail for not more than 90 days, ( )11 by a fine of not more than five hundred dollars ($500), or by both that fine and imprisonment.
    Am I missing something, or is it as it says above that only after conviction I would be subject to arrest? Here are some more details:

    He tried, what seems to me, to get me to incriminate myself by accusing me of trying to "show off and look cool." My answer to that was that my only intention was getting up to speed to get onto the freeway.

    I also found online the jury instructions for a case such as mine:
    2202. Exhibition of Speed
    The defendant is charged [in Count ______] with engaging in an exhibition of speed.

    To prove that the defendant is guilty of this crime, the People must prove that:

    1. The defendant drove a motor vehicle on a highway;

    AND

    2. While so driving, the defendant 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.

    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.

    [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.]

    [A motor vehicle includes a (passenger vehicle/motorcycle/motor scooter/bus/school bus/commercial vehicle/truck tractor and trailer/ <insert other type of motor vehicle>).]

    [The term highway describes any area publicly maintained and open to the public for purposes of vehicular travel, and includes a street.]

    [The term[s] (motor vehicle/ [and] highway) (is/are) defined in another instruction to which you should refer.]
    (ref:http://www.justia.com/criminal/docs/...2100/2202.html)
    So, it seems to me that the burden is on the prosecution to prove that my intention was to show off to someone else. Well, it wasn't. I was simply a bit overzealous in my acceleration. I have to book myself at the police station. What does that mean? Will I be held at that point until arraignment and have to enter a plea, or do I just get printed/photographed and then sent on my way? Would I have access to a public defender at that point?

    There are a few circumstances I might use to argue in court, but I don't even know if fighting the ticket is worth it. I would rather do that, though, then just take the hit. I know I wasn't behaving for the sake of anybody else's opinion of me. In all reality, I think peeling out is a waste of tires and is not something I regularly or willfully do.

    My main request, if anybody is to reply to this, is for information from people with any experience in cases such as these. I haven't found any reference cases, other than exerpts from a report on an investigation of a judge. I'm working on finding a lawyer for a consultation, as I have about 8 weeks until my court date....also, would a public defender help me fight this, or encourage a plea bargain/mercy tack?

    I'm sorry for the long post, but I'm trying to be as thorough as I can in my search for information. Thanks in advance.

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