What Is Exhibition of Speed Under VC 23109(c)?

Exhibition of speed is a misdemeanor offense in California that involves intentionally accelerating or driving at an unsafe speed to show off, impress others, or gain attention. It is often associated with reckless driving behavior, even if no actual street race takes place.

A driver may be charged with exhibition of speed if they:

• Rapidly accelerate or rev their engine in a way that draws attention.
• Screech their tires or perform burnouts.
• Suddenly brake or swerve without a valid reason.

Unlike street racing, which requires two or more vehicles competing against each other, exhibition of speed only involves one driver engaging in reckless behavior. Law enforcement officers often use this charge as a way to penalize unsafe driving without needing to prove an actual race occurred.

Common Examples of Exhibition of Speed:

• Revving an engine loudly and speeding away from a stoplight.
• Performing burnouts or spinning tires in a parking lot.
• Accelerating rapidly when police or bystanders are watching.
• Engaging in dangerous maneuvers to “show off” to passengers.

How Is Exhibition of Speed Different from Street Racing?

Although exhibition of speed and street racing both involve reckless driving, they are legally distinct offenses with different penalties.

Because exhibition of speed carries lighter penalties than street racing, prosecutors often offer it as a plea deal to reduce a more serious street racing charge. This can help avoid harsher consequences, such as extended license suspension or increased fines.

Penalties for Violating California Vehicle Code 23109(c) VC – Exhibition of Speed

• Jail Time – Up to 90 days in county jail
• Fines – Up to $500, plus court fees
• Probation – Informal probation for up to 3 years
• Driver’s License Suspension – The judge has discretion to suspend your license
• Vehicle Impoundment – Your car could be towed and held for up to 30 days
• Increased Insurance Rates – A misdemeanor conviction can drastically increase your premiums

Aggravating Factors That Can Increase Penalties

• Prior reckless driving or DUI convictions
• Excessive speeding (e.g., over 100 mph)
• Endangering pedestrians or other drivers
• Exhibition of speed in a school zone or residential area

Can Exhibition of Speed Be Charged as a Felony?

Although VC 23109(c) is typically a misdemeanor, in some cases, prosecutors may file felony charges under related statutes if aggravating factors are present, such as:

• Causing an accident or injuries while speeding
• Driving under the influence (DUI) at the time of the offense
• Having multiple prior reckless driving or street racing convictions
• Evading law enforcement while engaging in exhibition of speed

Defenses Against Exhibition of Speed Charges

No Intent to Show Off or Impress

The prosecution must prove that you intended to impress others or show off. If your acceleration was due to mechanical issues, avoiding an accident, or misunderstanding, you may have a valid defense.

Lack of Evidence

Many Exhibition of Speed cases rely on officer observations, which can be subjective and biased. We can challenge the lack of video evidence, inaccurate speed estimations, or conflicting witness statements.

Unlawful Police Stop

If you were pulled over without probable cause, any evidence obtained may be inadmissible in court. We review dash-cam footage, body cam recordings, and police reports to identify any rights violations.

Mistaken Identity

If multiple cars were involved, police may have accused the wrong driver. We can present witness testimony or surveillance footage to prove you were not the person engaging in the alleged Exhibition of Speed.

Plea Bargain to a Lesser Charge

In some cases, we may negotiate a plea deal to reduce the charge to a non-criminal infraction or reckless driving with no jail time.

Can a Lawyer Get VC 23109(c) Charges Reduced or Dismissed?

A criminal defense attorney can often negotiate to have exhibition of speed charges reduced or dismissed, especially since it is a lesser offense compared to reckless driving or street racing. Depending on the circumstances, a lawyer may be able to argue for a dismissal due to lack of evidence, negotiate a reduction to a minor traffic violation such as a speeding ticket, or secure probation or community service instead of jail time. Additionally, avoiding a license suspension can be a key focus of the defense strategy. In many cases, prosecutors may agree to reduce more serious charges—such as street racing—to exhibition of speed, which carries significantly lighter penalties.

Speak with a Los Angeles Criminal Defense Attorney About Your Case

A misdemeanor conviction for exhibition of speed can result in fines, a suspended license, and even jail time. It may also affect your driving record and lead to increased insurance rates. If you have been charged under VC 23109(c), a Los Angeles criminal defense attorney can guide you through the legal process and work to minimize the consequences.

Attorney Hashemi has over 20 years of experience defending clients against exhibition of speed, reckless driving, and street racing charges. He can represent you in court, often without you needing to appear, and negotiate to reduce fines or have the charge lowered to a lesser infraction. In some cases, this may make you eligible for traffic school, preventing long-term damage to your record.

An exhibition of speed charge should not be taken lightly. Contact our firm today for a free consultation to discuss your options and protect your driving record and future.

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