Exhibtion of speed help

Status
Not open for further replies.

mswaim

Dark Side Poster
Established Member
Joined
Dec 4, 2000
Messages
3,026
Location
Central Valley, CA
23109 is the correct section based on your description, it is a misdemeanor so it can deeply affect your driving future.

I would have added 22350 (basic speed law) since you were driving too fact for the conditions. If I were you, I would not mention the weather since it will work against you big time.
 
Last edited:

STG

Banned
Joined
Aug 12, 2007
Messages
1,320
Location
Cody, Wyoming
The following personalized registration is currently available from the California DMV. I suggest you get it and save the next officer the trouble of thinking about what V.C. section to pick from next time.

On a serious note, get an attorney. If your writing skills are in any way representative of your presentation in court, you are in deep shit. No, really. The judge could get pissed and impound your shit.

You did not get a ticket for engaging in a speed contest. Where did you ever get that idea?

cal%20plate%203.jpg
 
Last edited:

bmxr152

SvT 4 LiFE
Established Member
Joined
May 10, 2007
Messages
618
Location
West Texas
thats what the dmv says a V.C 23109 (C) is. And the officer wrote Checked the (I) box and not the (M). So what is it he said it was an infration but everyone else says its a misdemenor.
check this out stg
http://www.dmv.ca.gov/pubs/vctop/d11/vc23109.htm

I didnt think i had to use proper english while trying to explain myself. I was just trying to get my point out and not write a ****in midterm.
 

STG

Banned
Joined
Aug 12, 2007
Messages
1,320
Location
Cody, Wyoming
thats what the dmv says a V.C 23109 (C) is. And the officer wrote Checked the (I) box and not the (M). So what is it he said it was an infration but everyone else says its a misdemenor.
check this out stg
http://www.dmv.ca.gov/pubs/vctop/d11/vc23109.htm

I didnt think i had to use proper english while trying to explain myself. I was just trying to get my point out and not write a ****in midterm.

This is precisely why you should have paid more attention in English class:

Speed Contests

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 ( )1 a motor vehicle exhibition of speed on a highway, and ( )2 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.

23109 (a) stands alone, as does 23109 (b), 23109 (c) and 23109 (d).

You were cited for 23109(c).

Exhibition of speed IS NOT engaging in a speed contest, nor is it aiding or abetting a speed contest or placing a barricade or obstruction upon any highway for the purpose of falcilitating or aiding or as an incident to any motor vehicle speed contest.

The (I) on your ticket does mean you are being charged with an infraction.

If I were you, I'd bring my exhaust and stop lights into compliance and have the California Highway Patrol sign off on the fix-its before going to court.

When you present proof of correcting the mechanical violations on your citation during your opening statement in court, the judge should recognize you good faith effort and may cut you some slack.

1. Fix the exhaust and brake lights.

2. Get the repairs signed off at the CHP (you may have to go to an DMV authorized "brake and light" inspection station).

3. Show up in court and admit to the mechanical violations. Tell the judge you fixed the problems and give him the paperwork proving it.

4. A 23109(c) infraction should be no worse than a speeding ticket. Tell the judge you weren't thinking and behaved like an idiot.

5. Don't come up with some bullshit story. Judges hear bullshit all day.

I'm not kidding about telling the judge you behaved like an idiot. Two years ago, I was pulled over doing 130mph on I15 in Nevada. The trooper did a full-on Dukes of Hazzard chase and stop, pulling out of the dirt median Code 3 and spraying gravel all over the number one lame of the freeway.

After running my license and registion, the trooper asked, "Why did you do that?"

After realizing he had asked a non-specific question,I replied,"Because I'm an idiot,sir!"

The trooper tried not to laugh, wrote me for 103mph in a seventy and told me I could take internet traffic school. The fine was $500 and NO POINTS.
 
Last edited:

bmxr152

SvT 4 LiFE
Established Member
Joined
May 10, 2007
Messages
618
Location
West Texas
I know i can get the 2 signed off since my gf's dad is a sherrif and hes signed my window tint and exhaust off before. This is what the M/ I looks like

Misdemeanor or
Infraction

1. Loud exhaust-hence the O/R pipe and magnapacks M (I)
2. Maintain Lighting equip- brake light supposedly out M (I)
3. Exhibition of speed- the little drift V.C 23109 (C) M (I)

Also it says i was on a highway when i was nowhere near a highway, i was on a 3 lane road in front of the Vons (shopping center). My gf's dad said the DA might just rip up the ticket and say why was the officer being a dick and why didnt he ask or get your proof of insurance and registration. Also he said he shoul of wrote down the weather conditions as well as the direction i was goin on the road. The most important of all he said is that he marked my Exhibition of speed ticket an infraction when it should be and can only be a Misdemeanor. So i guess i just will have to go talk to the DA.
 

STG

Banned
Joined
Aug 12, 2007
Messages
1,320
Location
Cody, Wyoming
This is what the M/ I looks like

Misdemeanor or
Infraction

1. Loud exhaust-hence the O/R pipe and magnapacks M (I)
2. Maintain Lighting equip- brake light supposedly out M (I)
3. Exhibition of speed- the little drift V.C 23109 (C) M (I)

......The most important of all he said is that he marked my Exhibition of speed ticket an infraction when it should be and can only be a Misdemeanor. So i guess i just will have to go talk to the DA.

For the love of God, YOU WANT INFRACTIONS, NOT MISDEMEANORS. Now my head hurts.

Please read this:

http://www.courtinfo.ca.gov/selfhelp/traffic/info.htm#3kinds

Like it says, MISDEMEANORS CAN INVOLVE JAIL TIME. Infractions are fines only. The (I) is your friend. If you can't understand this, have your girlfriend's dad explain it to you.

Please, please pay attention in school.

Why do I get the feeling you're going to screw this up and get jail time?:lol::lol::lol:
 
Last edited:

bmxr152

SvT 4 LiFE
Established Member
Joined
May 10, 2007
Messages
618
Location
West Texas
I know an infraction is better, im not ****in stupid. Im saying a vehicular code 23109 in any way can only be a misdemeanor. So by the officer putting it as a Infractions makes my gf's dad wonder if he really knew what he was doing. The DA should see this and wonder why he circled infraction when in no way can a V.C. 23109 a,b,c, or d be an infaction. What im trying to get at is if i was really doing something really wrong like the V.C. 23109 states i should of recived a mandatory impounding of my car and a a misdemeanor, but for some reason (which i know is good on my part) he gave circled infraction. Well just talked to my gf's dad and he said that the judge will throw it out. He called the BPD and asked for the officers information and he said he is fairly new to the department.
 

STG

Banned
Joined
Aug 12, 2007
Messages
1,320
Location
Cody, Wyoming
Look up the legal meaning of "mistake" before you watch the judge cross out the I and circle the M.
 

FordSVTFan

Oh, the humanity of it all.
Established Member
Joined
Sep 25, 2001
Messages
27,759
Location
West Florida
I know i can get the 2 signed off since my gf's dad is a sherrif and hes signed my window tint and exhaust off before. My gf's dad said the DA might just rip up the ticket and say why was the officer being a dick and why didnt he ask or get your proof of insurance and registration. Also he said he shoul of wrote down the weather conditions as well as the direction i was goin on the road. The most important of all he said is that he marked my Exhibition of speed ticket an infraction when it should be and can only be a Misdemeanor. So i guess i just will have to go talk to the DA.

Then why did you post here looking for answers when your g/f's dad has all the answers you could need? :shrug:
 

mswaim

Dark Side Poster
Established Member
Joined
Dec 4, 2000
Messages
3,026
Location
Central Valley, CA
I believe the best course of action at this point is to make sure your girlfriend's daddy accompanies you to court; holding your hand through the entire proceeding.
 

bmxr152

SvT 4 LiFE
Established Member
Joined
May 10, 2007
Messages
618
Location
West Texas
He's working the gang unit and he only get one day off and he usually doesnt want to spend it talking about law bullshit. Thanks but im not *** and he wont be holding my hand:loser:
 

mswaim

Dark Side Poster
Established Member
Joined
Dec 4, 2000
Messages
3,026
Location
Central Valley, CA
I'm assuming he signed off those earlier violations without you actaully removing the O/R pipe and the tint?
 

bmxr152

SvT 4 LiFE
Established Member
Joined
May 10, 2007
Messages
618
Location
West Texas
I'm assuming he signed off those earlier violations without you actaully removing the O/R pipe and the tint?

IT was on my other car, (92 eagle talon tsi) he told me he didnt think it was loud at all, and as for the tint he told he to go to the doctor and get a note saying i have a skin condition. So i did and he signed the ehaust and tint off. What happened with the exhaust ticket was i was showing the older guy next to me in a c5 zo6 how a 2step works and the officer said that i was shooting out a constant falme at least 5 feet long. So ya, it wasnt to do with being loud like he said.
 

bmxr152

SvT 4 LiFE
Established Member
Joined
May 10, 2007
Messages
618
Location
West Texas
Anways met with the DA today and he said exactly what i though. He asked me what i was doing and i said i was being a little stupid, but in now way was i trying to race or promote a race in any way. He asked me why he didnt impoud my car, and why didnt i show him my insurance or registration. I told him he never asked and then asked me to show him my proof. I did and he said wow, i see the officer also wrote the ticket as an infraction when i should be a misdemeanor. He said he would most likely dismiss the VC 23109 (C) and just make me get the correctable violations taken care of.
 
Status
Not open for further replies.

Users who are viewing this thread



Top