“Exhibition of speed” is similar to an act of reckless driving, such as “drag racing” or “street racing.” Although each state has its own laws concerning driving recklessly, in general, an exhibition of speed is considered reckless driving.
In general, most speeding and moving violations are not treated as criminal offenses. Instead, most speeding and moving violations are infractions only. An infraction is a minimal criminal offense that a person can commit in the United States. In many jurisdictions, infraction laws are considered to be civil violations instead of crimes.
A speeding or moving violation will generally result in the following criminal consequences:
- Imposing a criminal fine;
- Affecting the person who receives the infraction in their ability to get a driver’s license;
- Raising the cited person’s car insurance rates.
Importantly, a moving violation is not likely to result in jail time or other more severe criminal charges, such as a misdemeanor charge. Examples of common speeding and moving violations include:
- Speeding;
- Failure to yield;
- Failing to stop or signal;
- Dangerous left turn;
- Failure to obey traffic lights;
- Invalid registration sticker.
It is important to note that reckless driving, such as an exhibition of speed, is considered to be a criminal activity that is punishable by either a misdemeanor or felony charge, depending on the circumstances of the case.
Importantly, an exhibition of speed is not the same as street racing. This is because street racing generally involves two or more cars recklessly driving. On the other hand, an exhibition of speed charge typically only involves one single car.
For instance, performing “donuts,” dangerously accelerating, or drifting around corners can all result in a criminal charge for exhibition of speed. Although both crimes are generally punishable under reckless driving statutes, the specific charge will be based on the facts observed by the officer who issues the citation.
Eligibility: A minor, i.e. a person under the age of 16, caught driving without a driver’s license faces potential criminal charges, including a possible charge of exhibition of speed if the facts support such a charge. In addition, the minor might find that their ability to qualify for a driver’s license has been reduced. The vehicle’s owner, usually a parent, would also face penalties and financial exposure, e.g. the payment of fines and increased auto insurance premiums.
Of course, any violation or criminal charge that the parent confronts is going to depend on the law in their state. However, there are similarities among states, and what is likely to happen in every state is that the minor is cited or arrested, the car is towed, and there are consequences for all involved. Of course, a minor’s case might be handled in the juvenile justice system in California and in other states that have juvenile justice systems.
Is Exhibition of Speed Worse Than Reckless Driving?
As mentioned, exhibition of speed citations are typically punished under the state’s reckless driving statutes. Although the exact legal definition differs by state, the term “reckless driving” refers to driving of a vehicle at a speed or in a manner that shows an utter disregard for the safety of other people or property.
This means that a reckless driver knows that they are driving dangerously but chooses to do so despite the risk to the general public. Once again, depending on the specific state in which a person lives, reckless driving is considered to be either a misdemeanor or a felony criminal offense, depending on the facts of the case.
Courts and juries consider a number of different factors when determining whether or not a driver is driving in a reckless manner. Examples of factors that a court or jury may consider when determining whether or not a driver was driving recklessly include:
- The time of day when the act occurred;
- For instance, if the driver was driving at night, where the visibility was low, then that could be utilized as evidence of recklessness given the conditions;
- Weather conditions, such as whether or not it was raining, snowing, foggy, etc.;
- The presence of other people, such as other drivers or pedestrians; and
- Whether or not the driver’s act went beyond mere negligence.
Although state laws differ in their specific definitions of reckless driving, some of the most common examples of reckless driving include:
- Speeding excessively, generally 25 miles per hour or more over the posted speed limit;
- Aggressively tailgating another person;
- Illegal passing, such as passing on a curve or using the opposing traffic lane to pass in a no-passing zone;
- Weaving through traffic at a high rate of speed;
- Ignoring traffic signs and signals;
- Driving a vehicle that is known to have faulty brakes or other dangerous flaws that could harm others;
- Racing other cars or performing an exhibition of speed in a non-controlled environment;
- Escaping from a police officer after a traffic stop.
To reiterate, a driver is said to be driving recklessly when they are negligent in maintaining reasonable control of their vehicle. However, a driver’s actions might amount to mere negligence and are not found to reach the level of willful or wanton disregard for the safety or consequences associated with the operation of their vehicle. In that case, such actions are not enough to establish reckless driving.
State Variations: As has been noted, exhibition of speed laws are different in different states. Some states have specific statutes addressing exhibition of speed, while others prosecute such conduct under reckless driving laws. Penalties, definitions, and available defenses can also differ significantly. It is essential to consult a local attorney to get information about a specific state’s laws if one has been cited or charged with an exhibition of speed offense.
What Elements Constitute Exhibition of Speed?
In general, most state statutes dealing with an exhibition of speed charges include the following elements:
- The driver was operating a motor vehicle on a highway or public road;
- The driver was speeding or accelerating in a dangerous or unsafe manner;
- The driver was speeding or accelerating in a dangerous or unsafe manner in an attempt to gain the attention of the public, to show off, or to impress someone.
In most states, individuals who perpetrate an exhibition of speed may face criminal charges. Additionally, depending on the circumstances of the specific case, drivers may also be held liable for civil consequences if an injury or property damage resulted from the exhibition of speed. They could be sued by someone they injure in a civil suit for negligence.
In addition to the drive, some jurisdictions also punish spectators to a street race or an exhibition of speed. A spectator is generally defined as any individual who is present at an exhibition of speed for the purpose of viewing, witnessing, and/or watching the event. Additionally, a person may also be criminally cited if they do any of the following in connection with an exhibition of speed:
- Engage in an exhibition of speed themselves;
- Aid in the exhibition of speed, such as by advertising it or closing off a street;
- Assist with preparations for the exhibition of speed;
- Film the exhibition of speed.
Evidence/Documents: Evidence in an exhibition of speed cases might include police reports, witness statements, video footage (e.g., from dashcams or surveillance cameras), and expert testimony. The prosecution would use this evidence to prove the elements of the offense, while the defense might present evidence to challenge the prosecution’s case, such as demonstrating a lack of intent or disputing the accuracy of the observations.
What Are The Consequences of Exhibition of Speed?
Once again, the exact consequences of an exhibition of speed charge depend on the circumstances of the specific case, as well as the state laws. In general, an exhibition of speed is likely to result in a misdemeanor charge, and if convicted, an individual may receive the following punishment:
- A criminal fine;
- Imprisonment of up to a year in jail;
- Suspension of their driver’s license;
- Impoundment of the car utilized in the exhibition of speed; and/or
- An order to serve some hours in community service.
Process/Steps: The legal process begins when police arrest an offender or issue a citation for a violation. The individual arrested must then appear in court for an arraignment, where they are formally charged with a criminal offense and must enter a plea. Depending on the plea, the case may proceed to a trial or plea bargaining. If the defendant is found guilty, a judge imposes punishment in a sentencing hearing.
If a person is only cited for a violation, then the person can usually just pay a fine or request a hearing at which the officer who issued the citation must appear to offer evidence of the offense. The person cited must also appear if they wish to contest the citation. The judge would consider the evidence presented by both sides and then make a decision.
In California, an exhibition of speed charge may result in the following punishment:
- A $500 fine;
- 90 days in jail;
- Suspension of your license for up to 6 months;
- Impoundment of your car for up to 30 days; and
- Community service for up to 50 hours.
Then, if a driver in California is convicted a second time, the possible jail time becomes a maximum of six months, including a mandatory driver’s license suspension of up to six months. If a person is injured as a result of an exhibition of speed, then the crime may be charged as a felony offense. In California, if convicted of felony exhibition of speed (known as a “speed contest” in California), the driver may face up to three years in jail and a maximum criminal fine of $10,000.
Additional Considerations
Risks/Penalties: Of course, if a person is convicted of criminal exhibition of speed, the conviction is entered on their criminal record. This record can potentially impact future employment opportunities, background checks, and a person’s auto insurance rates.
Timelines: A statute of limitations sets a time limit within which legal proceedings must be initiated. The specific statute of limitations for exhibition of speed charges depends on the law in the state in which the charge is filed and whether it is charged as a violation, a misdemeanor or a felony.
The Importance of Hiring a Lawyer: If a person has been cited for a violation only, they might be able to handle it themselves without a lawyer. However, if a person has been charged with a misdemeanor or a felony criminal offense, it is generally advisable to seek the advice of a lawyer. A lawyer can provide guidance on legal rights, navigate criminal procedures, and advocate on your behalf. A criminal defense lawyer is knowledgeable about negotiating potentially more favorable solutions with the prosecution.
When to Call a Lawyer: It is a good idea to consult with a lawyer as soon as possible after being arrested or charged with a crime. A lawyer can advise you on your rights, including the right to remain silent, and can help you avoid making statements that could be used against you. Seeking legal counsel early in the process can help protect your interests.
Are There Any Legal Defenses for Exhibition of Speed?
In short, yes, there are several legal defenses under criminal law statutes that may be raised by a defendant to an exhibition of speed or exhibition charge. One of the main legal defenses is that there is an insufficient amount of evidence for the individual to be convicted of the crime. In other words, the prosecution cannot fulfill their burden of proving that the driver is guilty beyond a reasonable doubt.
Other common legal defenses for exhibition of speed include:
- Vague Statute: The statute or ordinance concerning exhibition of speed was not sufficiently specific to put an ordinary person on notice of what activities are considered to be prohibited.
- Lack of Intent: Another common legal defense is that there was no intent to race or exhibit speed, and as such, the incident does not fulfill the elements necessary to convict the individual.
- Accident: The individual accused of an exhibition of speed may also provide a defense to their actions, such as a loss of traction, or that their actions were a result of road conditions, such as gravel or wet road conditions.
Do I Need an Attorney for Exhibitions of Speed Charges?
If you are facing charges for an exhibition of speed, it is in your best interests to consult with an experienced traffic violation lawyer. An experienced traffic offense attorney can help you understand your state’s specific laws regarding reckless driving and whether there is a specific statute for exhibition of speed.
An attorney can also explain what your legal rights and options are according to those laws. Finally, a traffic offense lawyer will also be able to represent you at any court hearing that requires your in-person appearance.
