Caught for 23109(c) Exhib. of speed in CA

mustangshane

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My son was caught flooring it from a stoplight. he was racing a acura integra type r up a hill, apperently there was a cop two stop lights back, my son says he thinks he was doing around 80mph in a 45mph. He was sited for Exhibiton of speed and arrested. :mj: He is 17 so the cop took it easy on him and let us take him home. on the ticket there is no speed indicated, he has to appear in juvinille court. What should we b expecting with our sitution.
 

thomas91169

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if its up a hill, just let them know you werent racing that you were abusing your torque band, and that the honduh was just trying to keep up, which may have looked like racing.
 

jimljr145

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There is no need for the officer to write a speed on the summons if it is an exhibition of speed. There only needs to be an exhibition of speed... If it was observed, then, well, I don't know what to say. Appear in juvy court and see what happens. Laws in each state vary, especially with juvenile law, so I don't know what an attorney could do, especially since it is a motor vehicle infraction, but it is possible that one could help. Maybe a LEO in CA could provide more insight.. Does your son have an otherwise clean driving record? What about a criminal record? All this may be of concern when you go to Juvenile Court. I wish you luck as usually the parent is the one stuck with the consequence of their child's actions.
 

NA97GT

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I have been cited for exhibition of speed in AZ, when I went to court they lowered it down to a speeding ticket. Btw I was over 18 at the time.
 

mustangshane

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He got his license suspended in another state for another reason last year, he has no criminal record, and has good grades in school, could that help us at all? mabey we could try to work out a deal with community service. or something of that nature
 

mswaim

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Refer to the bold portions below (I removed sections not related to this offense). It is a misdemeanor, so if convicted, he will now have a criminal record. With his license suspended in another state, sounds to me like someone needs to be prepared to get a bike, since the court will most certainly suspend his license.


23109. (a) 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.

(i) A person who violates subdivision (b), (c), or (d) shall upon
conviction of that violation be punished by imprisonment in a county
jail for not more than 90 days, by a fine of not more than five
hundred dollars ($500), or by both that fine and imprisonment.
 
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FordSVTFan

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mustangshane said:
He got his license suspended in another state for another reason last year, he has no criminal record, and has good grades in school, could that help us at all? mabey we could try to work out a deal with community service. or something of that nature

That isnt likely as he is only 17 and had his license suspended once already. It is obvious he didnt learn his lesson the first time. Judges arent eager to give multiple chances to offenders who didnt learn their lessons the first time.

I would encourage him to hire a good traffic attorney.
 

czwalga00gt

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I suggest buying him a car with about 100 hp and 50 tq, when he gets his license back; better yet make him buy it.
 

Juruense

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What was your son driving? Just curious...

Anyways, street racing at 17 is something the system is designed to prevent so I would expect that he will be fined less than $500, have his license suspended for 3-12 months, and do no jail time.
 

mustangshane

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He was driving the vortec'd Y2K Gt that i sold him, i was talking to him earlier and he said that he did not shift out of 2nd gear, and the cop was sitting two stop lights behind him. (thats what the cop told him). i think that were going to say that he punched it off the line through 2nd gear, which is up to the speed limit, then that integra came up from behind and passed him. but the cop told us that he does not think he will lose my licens
 

FordSVTFan

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The officer doesnt have anything to do with the fine/penalty. Also did the officer know of the prior license suspension?
 

FordSVTFan

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There are many reasons why it wouldnt come up on an MDT during a traffic stop. Clean means different things to different people. To me it means no outstanding wants or warrants. The judge will have his entire record and he will ask about his driving history.
 

mustangshane

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FordSVTFan said:
There are many reasons why it wouldnt come up on an MDT during a traffic stop. Clean means different things to different people. To me it means no outstanding wants or warrants. The judge will have his entire record and he will ask about his driving history.
FordSVTFan what does MDT stand for?
 

DaleM

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FordSVTFan said:
Judges arent eager to give multiple chances to offenders who didnt learn their lessons the first time.
Unless you are Paris Hilton! Multiple violations for the crime is definely not a way to win friends.
 

FordSVTFan

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DaleM said:
Unless you are Paris Hilton! Multiple violations for the crime is definely not a way to win friends.

Scary, but apparently true:shrug:

That dumb beotch should have had to serve the 45 days in jail, not 23 in a luxury half-way house.
 

Wings65288

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damn, definitely makes me think twice about racing... i rarely ever do but still
mswaim said:
Refer to the bold portions below (I removed sections not related to this offense). It is a misdemeanor, so if convicted, he will now have a criminal record. With his license suspended in another state, sounds to me like someone needs to be prepared to get a bike, since the court will most certainly suspend his license.


23109. (a) 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.

(i) A person who violates subdivision (b), (c), or (d) shall upon
conviction of that violation be punished by imprisonment in a county
jail for not more than 90 days, by a fine of not more than five
hundred dollars ($500), or by both that fine and imprisonment.
 

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