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

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Strong Legal Representation for Exhibition of Speed Charges in California

If you have been charged with exhibition of speed in Los Angeles the charge may appear minor compared to other criminal offenses but it carries real consequences including jail time, a 30-day vehicle impoundment, and a permanent criminal record. In Los Angeles County these charges are filed aggressively and in street takeover and sideshow cases LAPD regularly arrests multiple participants and files several charges simultaneously making the total exposure significantly more serious than a single misdemeanor. At The Law Offices of Arash Hashemi our criminal defense attorney has spent over 20 years defending clients against traffic and criminal charges throughout Los Angeles County. Contact our office today at (310) 448-1529 for a free confidential consultation.

Exhibition of Speed Under California Law

California Vehicle Code 23109(c) makes it a misdemeanor to engage in an exhibition of speed on a highway. What is exhibition of speed under California law is a question that comes up frequently because the charge does not require racing another vehicle and does not require traveling at a high speed. Exhibition of speed california law defines the offense broadly to cover any driving conduct performed to show off the vehicle’s acceleration or power including burning tires, squealing tires, spinning out, doing donuts, and any rapid acceleration designed to impress onlookers or demonstrate the vehicle’s capabilities. The key element is the exhibition — the intent to show off — rather than the speed itself.

The exhibition of speed definition under 23109 cvc covers conduct that many drivers do not consider criminal in the moment. A driver who accelerates rapidly from a stoplight to impress passengers, spins tires leaving a parking lot, or participates in a sideshow event can all be charged under this statute. The prosecution does not need to prove the driver was traveling at any particular speed — only that the manner of driving was intended as an exhibition.

Speed Contest and Exhibition of Speed Charges Under California Law

Vehicle Code 23109 covers several distinct forms of conduct and the specific subsection charged determines the elements the prosecution must prove and the penalties you face. Understanding which subsection applies to your case is the starting point for building the right defense.

The four subsections most relevant to Los Angeles cases are:

  • VC 23109(a) — Participating in a speed contest by racing another vehicle on a public highway. This is a misdemeanor carrying 24 hours to 90 days in county jail and fines up to $1,000
  • VC 23109(b) — Aiding or abetting a speed contest. This covers anyone who facilitates a race including acting as a lookout, flagging the start, or timing the event from the sidelines. A person who never drove can be charged under this subsection for their role in organizing or assisting the race
  • VC 23109(c) — Exhibition of speed. The most commonly charged subsection in Los Angeles street takeover and sideshow cases. It does not require racing another vehicle and does not require high speed. The intentional exhibition of the vehicle’s acceleration or power is what the statute targets — burning tires, spinning out, and rapid acceleration to show off all qualify
  • VC 23109(e) — Speed contest or exhibition causing bodily injury. The most serious subsection and a wobbler that can be filed as a felony when injuries are serious. This is the subsection filed when someone is hurt at a street takeover or sideshow event and it carries up to 3 years in state prison as a felony

Each subsection has its own elements and each presents different defense opportunities that our criminal defense attorney analyzes from the first consultation.

Penalties for Exhibition of Speed Under VC 23109(c)

A conviction under 23109 cvc is a misdemeanor but the consequences extend well beyond the courtroom. When the conduct occurred as part of a street takeover LAPD regularly files additional charges including reckless driving and disturbing the peace alongside the exhibition charge compounding the total exposure significantly. When the exhibition caused bodily injury the charge can be elevated to a wobbler with felony exposure and when the defendant has a prior conviction under this statute the penalties increase.

The penalties for a standard conviction include:

  • 1 to 90 days in county jail
  • Fines ranging from $355 to $1,000
  • Possible license suspension
  • 30-day vehicle impoundment
  • Misdemeanor probation
  • A permanent criminal record

Street Takeovers and Sideshows in Los Angeles

Exhibition of speed charges in Los Angeles are increasingly filed in connection with street takeover events and sideshows which have become a significant enforcement priority for LAPD and the Los Angeles County Sheriff’s Department. These events involve large gatherings of vehicles blocking intersections while drivers perform donuts, burnouts, and other maneuvers in front of crowds. Law enforcement responds to these events with substantial resources and arrests multiple participants simultaneously.

When street takeover charges are filed the defendant typically faces several charges at once including VC 23109(c) for the exhibition itself, VC 23103 reckless driving, and in some cases Penal Code 647 for disturbing the peace. Vehicle impoundment is immediate and the combined fines, fees, and impound costs can be substantial even before any criminal penalties are imposed. Our criminal defense attorney addresses every charge filed in connection with a street takeover arrest simultaneously and challenges the prosecution’s evidence of the specific defendant’s participation in the event.

Legal Defenses Against Exhibition of Speed Charges

The prosecution must prove the driving conduct was an intentional exhibition rather than ordinary driving behavior and that element is more frequently contested than most defendants expect. Tire squeal and rapid acceleration can result from road conditions, a mechanical issue, an abrupt but lawful driving maneuver, or an emergency situation that had nothing to do with showing off. When the circumstances explain the driving conduct in a way that is inconsistent with intentional exhibition our criminal defense attorney challenges whether the conduct actually met the legal definition through the officer’s observations, any available surveillance or body camera footage, and the physical conditions at the scene.

In street takeover and sideshow cases where multiple people were arrested our criminal defense attorney challenges whether the prosecution can actually prove this specific defendant participated in the exhibition rather than simply being present. Being at the location of a street takeover is not the same as participating in one. The prosecution must establish what this defendant specifically did and when that evidence is weak or circumstantial the charge can be challenged directly.

When a vehicle was impounded our criminal defense attorney addresses the impound separately from the criminal case, challenges whether the impoundment was lawfully conducted, and pursues early release of the vehicle when the circumstances support it.

Contact a Los Angeles Defense Attorney for Exhibition of Speed Charges 

Attorney Arash Hashemi has defended clients against exhibition of speed and traffic-related criminal charges throughout Los Angeles County for over 20 years. He understands how LAPD and the District Attorney’s office approach these cases particularly in the context of street takeover enforcement and where the defense has the most leverage. You work directly with Attorney Hashemi at every stage from the first consultation through resolution. Contact our office today for a free confidential consultation.

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We are conveniently located in the Westside Towers serving clients facing exhibition of speed and traffic-related charges across Los Angeles, Beverly Hills, Santa Monica, the San Fernando Valley, Long Beach, and all surrounding communities. Your defense starts the moment you call.