Prosecution in Los Angeles for Exhibition of Speed or Speed Contest (VC 23109)
Do screeching tires violate the law? Do you need an attorney who can defend you in a speed contest or exhibition of speed prosecution? Los Angeles DUI Attorney can help.
Los Angeles DUI Attorney specializes in DUI, criminal, and “traffic” cases throughout Los Angeles county. Los Angles DUI attorneys will represent you in court to the best of our abilities, fighting to get a dismissal of all charges or to get a result that you will like. We also offer extensive motion and trial practice where our attorneys will convince the court or the jury that your criminal or traffic case should be thrown out of court or that you should get acquitted by the court or jury of all charges. Los Angeles DUI Attorney offers high-quality representation at an affordable price. We accept all payment plans and offer great payment plans with modest amounts down.
To answer the hypothetical question posed above: YES, screeching tires can violate California traffic and criminal law. Specifically, California Vehicle Code section 23109 prohibits “…speed contest…” and “…speed… exhibition…”. As discussed in People v. Grier in the 1964 decision of the California Court of Appeals, “…screeching…. and… peeling…tires…” can be a violation of California Vehicle Code section 23109 because it can be perceived and determined to be an exhibition of speed.
In that case, Santa Monica City prosecutors filed a criminal complaint against Gordon Grier after he drove off from a private driveway to a public street with his tires making a screeching noise. Mr. Grier proceeded to drive in the same manner to the “boulevard” there also caused his tires to screech. Mr. Grier waived a jury trial and proceeded to have a court trial. After the prosecution presented its case through a police officer’s testimony, Mr. Grier testified that he had no intention to drive in violation of the law but his tired could have made a “slipping noise” but he did not hear anything. The court convicted Mr. Grier of violating California Vehicle Code section 23109 and he promptly appealed arguing that he was not speeding. The court of appeal affirmed the conviction finding that even a person who is not speeding could be guilty of an exhibition of speed when he or she causes tires to screech. The court reasoned that such driving can make other drivers nervous and increase the likelihood of an accident. The court added that such driving can also endanger the safety of bystanders who can be, for example, injured by flying gravel when the tires skid on it. The screeching tires alone are not enough to find a person guilty because there could be a circumstance when a driver causes the car tires to screech without an intention to cause “an exhibition of speed”. Yet, in this case, the screeching tires together with other evidence were determined to be sufficient evidence for the conviction.
Thus, screeching tires can be a reason for police to pull you over (which along with other conduct is how many DUI investigations in Los Angeles start) but also, but it can be a basis in itself for an arrest for a crime of exhibition of speed or speed contest.
Defending cases like this requires the assistance of skilled practitioners who can convince judges and prosecutors to reduce the charges or dismisses cases. If you or your loved one is charged with speed contest or exhibition of speed or other criminal or traffic offenses, please contact our office day or night. Our direct number is (323) 464-6424 and we can help you beat your case.
A conviction for California Vehicle Code section 23109 (racing or exhibition of speed) does carry the consequence of probation, a potential jail sentence of 90 days, and fines. However, in Los Angeles DUI courts, a plea to exhibition of speed is often viewed as a great alternative to settle DUI cases without pleading to a DUI or “wet reckless”. A “wet reckless” is not as good of a deal as an “exhibition of speed”, when charged with a DUI in Los Angeles, because a “wet reckless” conviction is priorable to a drunk driving prosecution, where as exhibition of speed is not. Also, a DUI conviction will cause license suspension, whereas a “wet reckless” will not. Prosecutors will often offer “exhibition-of-speed” (found in California Vehicle Code 23109) when there is problem of proof in Los Angeles Drunk Driving prosecution (such as the blood alcohol level is low or there is little evidence of driving). Many Los Angeles DUI Attorney’s cases settled for exhibition of speed in violation of California Vehicle Code 23109 when the original charge is drunk driving. If you are attempting to settle your case without going to trial, please call us. Depending on facts of your offense, it is possible that we can settle your case for an exhibition of speed or another misdemeanor that is not a DUI.