Exhibition of Speed in California (CVC 23109c)
Exhibition of speed is one of California's most misunderstood traffic charges. You don't have to be racing or going extremely fast—a simple burnout or quick acceleration can result in a misdemeanor charge. Here's what you need to know.
Exhibition of Speed: Key Facts
What Is Exhibition of Speed?
California Vehicle Code 23109(c) makes it illegal to engage in any "exhibition of speed" on a highway. The law states:
"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."
Unlike speeding or reckless driving, exhibition of speed doesn't require a specific speed. It's about the intent to show off your vehicle's acceleration or speed capabilities.
Common Examples of Exhibition of Speed
- Burnouts: Spinning tires while stationary, creating smoke
- Peeling out: Rapid acceleration causing tire squeal
- Revving engines: Excessive revving at stoplights, especially before accelerating
- Quick starts: Aggressive acceleration from stops or lights
- Donuts: Spinning the car in circles
- Drifting: Intentionally oversteering to slide the vehicle
- Showing off: Any driving intended to impress spectators with speed
Penalties for Exhibition of Speed
First Offense
- Fine: $355 to $1,000 base fine (total $900-$2,500 with fees)
- Jail: Up to 90 days (rarely imposed for first offense)
- DMV Points: 2 points on your driving record
- License Suspension: 6-month suspension possible
- Vehicle Impound: 30-day impoundment possible
- Community Service: 40 hours often required
Repeat Offenses
- Higher fines (up to $1,000 base)
- Longer potential jail time
- Extended license suspension (up to 1 year)
- Longer vehicle impoundment (up to 30 days)
- Mandatory community service (40+ hours)
Exhibition of Speed vs Related Charges
| Charge | Code | Type | Points |
|---|---|---|---|
| Exhibition of Speed | CVC 23109(c) | Misdemeanor | 2 |
| Speed Contest (Racing) | CVC 23109(a) | Misdemeanor | 2 |
| Reckless Driving | CVC 23103 | Misdemeanor | 2 |
| Basic Speed Law | CVC 22350 | Infraction | 1 |
Defense Strategies for Exhibition of Speed
1. Lack of Intent
Exhibition of speed requires intent to show off or demonstrate speed. Argue that:
- The tire squeal was accidental (wet roads, worn tires)
- Quick acceleration was necessary to merge safely
- You weren't trying to impress anyone or show off
- There were no spectators or audience
2. Not on a "Highway"
CVC 23109(c) only applies on "highways," which in California means public roads. If the alleged offense occurred on private property (parking lot, private road), the charge may not apply. However, some private areas still qualify if publicly accessible.
3. Challenge the Officer's Observations
- Where was the officer positioned?
- Could they accurately see your tires or acceleration?
- How do they know you intended to show off?
- Were there other possible explanations (vehicle malfunction)?
4. Mechanical Issues
Sometimes vehicles behave unexpectedly. Argue that:
- A transmission issue caused unexpected acceleration
- Worn tires caused unintentional tire spin on wet pavement
- A stuck throttle caused rapid acceleration
5. Negotiate for Reduction
If fighting the charge outright isn't viable, a prosecutor or judge may agree to reduce the misdemeanor to an infraction (like a speeding ticket) if:
- It's your first offense
- No one was endangered
- There was no property damage
- You have a clean driving record
Important: Misdemeanor Charges
Because exhibition of speed is a misdemeanor, it goes on your criminal record, not just your DMV record. This can affect:
- Background checks for employment
- Professional licensing applications
- Immigration status
- Security clearances
For misdemeanor charges, consider consulting with a criminal defense attorney in addition to using written declaration strategies.
Can You Use Trial by Written Declaration?
Trial by Written Declaration is typically only available for infractions, not misdemeanors. However:
- If the DA offers to reduce the charge to an infraction, you may then contest it via written declaration
- Some courts allow written declarations for certain misdemeanor traffic offenses
- Contact your court to confirm what's available for your specific charge
Need Help Fighting Your Ticket?
If your exhibition of speed charge has been reduced to an infraction, or if you have a related citation (speeding, unsafe lane change), TicketFight AI can generate a professional defense.
- AI-analyzed defense arguments
- No court appearance required (for infractions)
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Frequently Asked Questions
Will exhibition of speed show on a background check?
Yes, as a misdemeanor, it appears on criminal background checks. If reduced to an infraction or dismissed, it typically won't appear. After completing probation, you may be eligible to expunge the conviction.
Can my car be impounded for exhibition of speed?
Yes, your vehicle can be impounded for up to 30 days, even for a first offense. This is at the officer's and court's discretion. You'll be responsible for towing and storage fees.
Is a burnout always exhibition of speed?
Not necessarily. If it occurs on private property where you have permission and no public roads are involved, it may not violate CVC 23109(c). However, on any public road or publicly accessible area, it likely qualifies.
What's the difference between exhibition of speed and racing?
Racing (CVC 23109(a)) requires competing with another vehicle. Exhibition of speed (CVC 23109(c)) is showing off your vehicle's speed capabilities without necessarily competing. You can be charged with exhibition of speed while driving alone.