Mongo

I almost got exhibition of speed just accelerating to 45 mph in my car and it hasn't even gotten its Flowmasters yet

Charley B

I experienced my first bust for Exhibition of Speed in 1965 in San Diego. A simple burn out at a stop sign. Speed in question? 10 mph. The Man told me it didn't matter that I wasn't speeding.

Over the years I have sat through a few threatening lectures about the dreaded Exhibition of Speed citation but always "got off" with a warning, or a lesser charge.

I have always been given the impression that the mere act of spinning my tires constituted the violation.

I will be watching this with great interest in hopes of solving this 40 year mystery.

Please keep us informed of the progress and results.

I think getting an attorney is great advise. The ticket plus insurance consequences could be substantial, not to mention having 2 points hanging over your head if all does not go well.

Andre Hedrick

two points is nothing ... I almost always care two points.
The third point is killer, they notify your insurance company then.
I have to behave for 18 months to clear one and another 6 months to clear the other. Then it is free wheeling again!

6mil928

+1

3000teeth

http://maps.google.com/maps?ie=UTF8&...,0.020084&z=16

Ron_H

Thanks. I get down in that area often. I seldom leave Julian Street though and I usually turn in the other direction and look for parking along the street for HP Pavilion. Maybe someone should place a Bear Crossing sign around there. Or a Please Don't Feed the Hungry Bears sign. I know!! I'll open a donut shop there and pay for my new paint job in a week.

Bill Ball

I have been in court on these things, although this was many years ago, as I mentioned in my original post. The correct violation for burning out without breaking the speed limit, is "excessive acceleration" which is a municipal code violation. Thank you to Judge Betsy Rahn of the Walnut Creek Municipal Court for explaining this to me in the summer of 1965. What could I say? It was a Chevy 409. I barely pushed the throttle down. "Exhibition of speed" is racing even though you might not interpret it that way from the title. Sure, it sounds like a burnout could certainly be called and exhibition of speed, but that is not the case. You have to be breaking the speed limit to break the exhibition of speed code.
http://www.dmv.ca.gov/pubs/vctop/d11/vc23109.htm

Ron_H

iI posted this late last night but I guess it was so late I erased my own post. Here is the actual statute, (corresponds to Bill's post). Study it more carefully.

23109. [B] (a)[/B] A person shall not engage in a motor vehicle speed
contest on a highway. As used in this section, a motor vehicle speed
contest includes a motor vehicle race against another vehicle, a
clock, or other timing device. For purposes of this section, an
event in which the time to cover a prescribed route of more than 20
miles is measured, but where the vehicle does not exceed the speed
limits, is not a speed contest.
(b) A person shall not aid or abet in any motor vehicle speed
contest on any highway.
(c) 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.
(d) A person shall not, for the purpose of facilitating or aiding
or as an incident to any motor vehicle speed contest or exhibition
upon a highway, in any manner obstruct or place a barricade or
obstruction or assist or participate in placing a barricade or
obstruction upon any highway.

Be careful when reaching conclusions. If a judge has interpreted this to mean the two are synonymous, I would find that ruling and carry it with me. If it can be found in case law, I would paste it to the inside of my glove box.

Further down it states:

23109.2. (a) (1) Whenever a peace officer determines that a person
was engaged in any of the activities set forth in paragraph (2), the
peace officer may immediately arrest and take into custody that
person and may cause the removal and seizure of the motor vehicle
used in that offense in accordance with Chapter 10 (commencing with
Section 22650). A motor vehicle so seized may be impounded for not
more than 30 days.
(2) (A) A motor vehicle speed contest, as described in subdivision
(a) of Section 23109.
(B) Reckless driving on a highway, as described in subdivision (a)
of Section 23103.
(C) Reckless driving in an offstreet parking facility, as
described in subdivision (b) of Section 23103.
(D) Exhibition of speed on a highway, as described in subdivision
(c) of Section 23109.
(b) The registered and legal owner of a vehicle removed and seized
under subdivision (a) or their agents shall be provided the
opportunity for a storage hearing to determine the validity of the
storage in accordance with Section 22852.

This seems to reinforce the distinction between the two descriptions, and I say there should be a definition or a ruling that clarifies if such distinction exists. I have not found anything, but got tired last night searching. I repeat the caution to be clear on definitions before rushing into a defense strategy. The key word seems to be "includes" in 23109 (a).

3000teeth

A lot of advice here --thanks guys!

The cops told me I'd get 2 points, so that's a constant which will yield x dollars a month for y period of time against my insurance. Another constant is z, the cost of the ticket and/or traffic school. So we have the equation:

x * y + z = foo

The other variables are:
a = cost of lawyer
b = probability of getting case dismissed or reduced with lawyer
c = probability of getting case dismissed or reduced without lawyer

which leads to two other equations:

a + ((x * y + z) * b) = bar
(x * y + z) * c = baz

The last variable here is: t = time (mine)

So, I can tell you what the value of t is, but draw a blank on all the others. If anyone wants to fill those in for me, I'd surely appreciate it.

In the interest of keeping things minimally complicated, I'm leaning toward baz, and here's my story:

"I'm sorry judge, but I'm restoring the car and having broken my wrist in November was unable to work on it for 3 months. Prior to my injury, the car developed a defective vacuum problem for which I adjusted the idle. I was driving the car for the first time since my injury and while turning this particular corner on the way to my storage facility, I accidentally gave the car a little to much gas (due to idling problem) and screeched the tires. The officers appropriately pulled me over, but I think the charge is excessive since I never breached 15 mph."

What are the odds?

Charley B

Thanks Bill.

P.S. I hope your feeling better. How do things look for next Saturday on the Lord Galva thing? I guess I should be doing this in a different thread.

Ron_H

The odds??? Given this story, I would take your checkbook along to court, and also memorize the number 1-800-300-BAIL. You just told this fine example of reason and sanity in the person of a robed hot air balloon that you are unable to control your vehicle. People who are intoxicated, or angry/sad, or preoccupied, or under the age of responsibility all have a similar shortcoming in their motor control. And everyone of them in that fine judge's opinion (and mine also) should be off the road.....period. Got any more stories ??

3000teeth

One more thing I'd like to mention in the interest of irony: This incident took place less than half a mile from the HP Pavilion, otherwise known as... The Shark Tank.

3000teeth

LOL. Actually Ron, I am intoxicated and preoccupied at the moment, but not angry.

Ron_H

I guess the best way to put this is that the judge doesn't care about spasms even at low speeds. In fact, he simply wants a conviction, unless you can demonstrate why the charge should be tossed. It is on you, because the state REALLY needs a conviction, and you know that San Jose and surrounding areas are relatively crime free. Crime is what keeps them in business. Crime statistics buoy their livlihoods. Ya gots ta do better than appeal to the judge's sense of empathy. Why do you even want to argue the merits of the case?

I'm not trying to insult you or make you angry. Just want to point out the futility of expecting compassion. They don't need any stinkin' compassion in their courtroom; they need money and crime stories. Why give them either?

3000teeth

Ron, c'mon "crime free"? They just closed down 5 blocks near my house last week due to a drive-by. Last time I went to my favorite sushi bar in Japan town (Kazoo), the guy sitting next to me had his whole face tattooed and looked like he wanted to maim/kill/rape everyone in the restaurant. Ever been to South SJ? Cosa Nostra amigo! The San Jose Cops/Courts have much more important things to worry about than some middle-aged guy, working for a major Internet company, burning rubber in a back lot. As for empathy... the cops didn't impound my car --that says something.