Law Offices of Michael E. Cindrich, APC 225 Broadway, Suite 2100 San Diego, CA 92101

Exhibition of Speed

An exhibition of speed allegation in San Diego typically arises from a brief moment behind the wheel—often a quick acceleration, engine rev, or maneuver that law enforcement interprets as unsafe and intended to show off. Unlike ordinary speeding, these cases hinge on subjective assessments of intent and danger, and they can quickly escalate into criminal charges carrying jail exposure, license consequences, and vehicle-related penalties.

San Diego Exhibition of Speed Lawyer — California Vehicle Code § 23109(c)

The Law Offices of Michael E. Cindrich, APC has substantial experience defending clients accused of exhibition of speed and related offenses throughout San Diego County. Drawing on Michael E. Cindrich’s background as a former San Diego prosecutor, the firm understands how officers, prosecutors, and judges evaluate these cases and how to challenge weak assumptions before they harden into convictions. Each case is handled with focused legal strategy and respect for the very real personal and professional stakes involved. This piece explains how San Diego exhibition of speed cases are charged, what prosecutors must prove, the penalties and local consequences involved, and how a San Diego exhibition of speed lawyer can defend against these allegations to protect a client’s record, license, and freedom.

The Law Offices of Michael E. Cindrich serve clients throughout San Diego County, including Chula Vista, Oceanside, Escondido, Carlsbad, El Cajon, Vista, San Marcos, Encinitas, National City, La Mesa, and the city of San Diego.

For a free, confidential consultation, call (619) 262-2500.

Overview of Exhibition of Speed in San Diego

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California Laws on Exhibition of Speed and Related Crimes

Exhibition of Speed — California Vehicle Code § 23109(c) makes it a crime to engage in a motor vehicle exhibition of speed on a highway or in an offstreet parking facility. An exhibition of speed occurs when a driver willfully accelerates or drives in a manner that is dangerous or unsafe under the circumstances for the purpose of showing off or making an impression on others. This offense does not require racing another vehicle, using a timing device, or exceeding the posted speed limit. A single vehicle and a brief act of unsafe acceleration may be enough to support a charge.

The law focuses on both the manner of driving and the intent behind it. Courts and jury instructions explain that conduct such as rapid acceleration, excessive engine revving, spinning or screeching tires, or otherwise demonstrating speed or power may qualify if it creates a safety risk and is done to draw attention. The prosecution must prove the driving was willful, meaning intentional, but it does not need to prove an intent to break the law, cause injury, or impress a specific person.

A violation of California Vehicle Code § 23109(c) is generally charged as a misdemeanor. Upon conviction, the court may impose up to 90 days in county jail, a fine of up to $500, or both. The court may also place the defendant on probation and impose additional conditions.

Speed Contest — California Vehicle Code § 23109(a) prohibits participating in a motor vehicle speed contest on a highway or in an off-street parking facility, including racing another vehicle, a clock, or a timing device. A first conviction carries mandatory penalties of at least 24 hours in county jail or a $355–$1,000 fine, 40 hours of community service, and possible license suspension. Penalties increase for injury or prior convictions within five years.

Aiding or Abetting — Under California Vehicle Code § 23109(b)–(d), it is unlawful to aid or abet a speed contest or exhibition of speed, even without driving, including conduct such as encouraging drivers, acting as a lookout, or blocking traffic. Violations are generally punishable by up to 90 days in county jail, a fine of up to $500, or both.

San Diego–Specific Consequences — San Diego Municipal Code Chapter 5, Article 2, Division 52 makes it a misdemeanor to knowingly be present as a spectator at an illegal speed contest or exhibition of speed, punishable by up to six months in county jail and a $1,000 fine. Division 53 allows vehicles used in certain violations of California Vehicle Code § 23109(a) or (c) to be declared a nuisance and subject to civil forfeiture, depending on the circumstances.

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Main Legal Elements a Jury Considers in San Diego Exhibition of Speed Cases

Willful Driving Conduct — Under CALCRIM No. 2202, jurors must find the defendant drove willfully, meaning the conduct was done intentionally, not by accident. The prosecution need not prove intent to break the law or cause harm. In San Diego cases, this element is often contested where the defense attributes the conduct to an emergency, road conditions, or mechanical issues.

Dangerous or Unsafe Driving — CALCRIM No. 2202 also requires proof that the driving was dangerous or unsafe under the circumstances. Jurors consider factors such as traffic, roadway design, time of day, and nearby vehicles or pedestrians. No specific speed is required, but the manner of driving must have created a safety risk, which in San Diego often turns on whether the conduct occurred on busy streets, residential roads, or public parking facilities.

Intent to Show Off — Jurors must further find the defendant intended to show off or impress someone else, as defined in CALCRIM No. 2202. The prosecution need not identify a specific audience. Intent may be inferred from circumstantial evidence such as engine revving, tire screeching, passengers, spectators, or surrounding conduct.

Covered Location — Finally, CALCRIM No. 2202 requires proof that the conduct occurred on a highway or in an off-street parking facility. In San Diego, this includes public streets and commercial parking lots open to traffic. If the location does not qualify under California Vehicle Code § 23109(c), this element is not met.

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Defenses to Exhibition of Speed Charges in San Diego

No Intent to Show Off — A common defense in San Diego exhibition of speed cases is lack of intent to show off or impress, which is a required element under CALCRIM No. 2202. The defense may argue the conduct was driven by impatience, traffic conditions, or a practical need to maneuver rather than a desire to attract attention. Failure to prove this intent beyond a reasonable doubt requires acquittal.

Driving Not Dangerous or Unsafe — California Vehicle Code § 23109(c) does not criminalize speed alone. The defense may show the driving was not dangerous under the circumstances, citing light traffic, favorable weather, clear visibility, or roadway conditions. In San Diego, this analysis often turns on the specific location, such as wide roadways, industrial areas, or large parking facilities.

Conduct Not Willful — The prosecution must prove the conduct was willful. The defense may argue the acceleration or maneuver resulted from mechanical issues, road conditions, or hazard avoidance. Accidental conduct does not satisfy CALCRIM No. 2202.

Officer Error or Insufficient Evidence — These cases often rely on an officer’s observations. The defense may challenge misinterpretation, limited observation time, or the absence of video, radar, or independent witnesses as insufficient proof of intent or danger.

Unlawful Stop or Rights Violations — If the traffic stop lacked reasonable suspicion, the defense may seek suppression of evidence. In San Diego cases, review of body-camera, dashcam, and dispatch records may reveal constitutional violations that prevent the prosecution from proceeding.

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Role of a San Diego Exhibition of Speed Attorney

Immediate Case Damage Control — A San Diego criminal traffic lawyer moves quickly to limit the fallout from the arrest. This includes obtaining and reviewing body-worn camera footage, dashcam video, and CHP or SDPD reports to identify exaggeration, assumptions about intent, or gaps in the officer’s observations. The attorney also evaluates whether the stop itself was lawful and whether statements were improperly obtained.

Breaking the “Show-Off” Narrative — Because these cases hinge on intent, the criminal defense lawyer focuses on dismantling the claim that the driving was done to impress or show off. This involves reconstructing traffic conditions, road design, and timing at the specific San Diego location, and presenting alternative explanations for acceleration or engine noise that are consistent with lawful driving.

Protecting Licenses and Vehicles — The criminal defense attorney aggressively works to prevent license restrictions, probation terms that disrupt employment, and vehicle impoundment or forfeiture exposure, negotiating for reductions or dismissals that keep the client driving and working while the case is resolved.

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Frequently Asked Questions

What does an exhibition of speed charge mean in San Diego?
An exhibition of speed charge means police believe a driver intentionally accelerated unsafely to show off or attract attention on public roads, even without racing another vehicle.

Can an exhibition of speed charge affect my license in San Diego?
Yes. A conviction for exhibition of speed can lead to points on the driving record, possible license suspension or restriction, and increased insurance premiums even when no accident occurred.

Is exhibition of speed the same as reckless driving in San Diego?
No. Exhibition of speed focuses on intentional unsafe acceleration to show off, while reckless driving involves a broader pattern of disregard for safety under different legal standards.

Can I fight an exhibition of speed ticket in San Diego without a lawyer?
A driver may contest the ticket, but fighting an exhibition of speed charge alone is risky because officer opinions about intent and danger often carry significant weight.

How can a San Diego lawyer help with an exhibition of speed charge?
A San Diego lawyer challenges intent, reviews police video, analyzes roadway conditions, and negotiates with prosecutors to reduce or dismiss the exhibition of speed charge.

Will a San Diego lawyer try to prevent an exhibition of speed conviction?
Yes. A San Diego lawyer works to avoid a conviction by showing the driving was not unsafe, not intentional, or did not meet legal definitions.

Can an exhibition of speed charge be reduced in San Diego?
An exhibition of speed charge may be reduced through negotiation, evidentiary challenges, or alternative resolutions that limit penalties and protect the driving record.

Why hire a San Diego attorney for an exhibition of speed case?
A San Diego attorney understands local enforcement patterns, court expectations, and prosecution practices, allowing a more targeted defense against exhibition of speed allegations.

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Resources

California Vehicle Code § 23109 – Exhibition of Speed  — This source provides the full text of California Vehicle Code § 23109. It defines speed contests and exhibitions of speed, lists prohibited conduct, and explains penalties such as fines, jail time, license suspension or restriction, and vehicle impoundment. It also includes provisions on repeat offenses, injuries, sideshows, and recent legislative amendments.

CALCRIM No. 2202 – Exhibition of Speed  — This source presents the official jury instruction for exhibition of speed under Vehicle Code § 23109(c). It explains the elements the prosecution must prove, defines key terms such as “willfully” and “exhibition of speed,” and includes guidance for judges along with statutory and case law authority.

CALCRIM No. 2201 – Speed Contest — This source contains the official jury instruction for speed contest offenses under Vehicle Code § 23109. It outlines required elements, including injury-related enhancements, and defines relevant terms.

Spectators Prohibited at Illegal Speed Contests or Exhibitions of Speed – San Diego Municipal Code — This municipal code document explains San Diego laws that prohibit spectators at illegal speed contests and exhibitions of speed. It defines spectators and preparatory conduct, outlines penalties, and describes factors used to establish violations, including proximity and prior conduct.

Forfeiture of Nuisance Vehicles Engaged in Speed Contests or Exhibitions of Speed – San Diego Municipal Code — This document describes San Diego’s vehicle forfeiture process for cars used in illegal speed contests or exhibitions of speed. It explains when forfeiture applies, notice and hearing procedures, vehicle release options, and how forfeited vehicles are sold or otherwise disposed of.

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Hire a Defense Attorney for Exhibition of Speed Charges in San Diego County, CA

A charge for exhibition of speed is more than a simple traffic ticket, it can result in hefty fines, points on your driving record, license suspension, vehicle impoundment, and increased insurance rates. Even a single conviction can have lasting consequences on your driving privileges and daily life.

The Law Offices of Michael E. Cindrich provide experienced and strategic legal representation for individuals accused of exhibition of speed and related reckless driving offenses. We work to protect your rights, examine the circumstances of the stop, challenge the officer’s observations, and pursue the best possible outcome for your case.

Call (619) 262-2500 today for a free and confidential consultation to discuss your defense options.