Exhibition of speed is illegal. The consequences of being convicted of an exhibition of speed while also under the influence can be especially harsh. If you are concerned about exhibition of speed charges that may be brought on top of your DUI charges, you should discuss your situation with experienced Tempe criminal defense lawyer James E. Novak. As a former prosecutor, Mr. Novak understands how sentencing works when multiple convictions occur in connection with a drunk driving incident and the approaches prosecutors are likely to take in court when pursuing more than one charge for an incident. He may be able to build a strong defense on your behalf.
Exhibition of speed is illegal in Tempe and other cities in Arizona. A.R.S. section 28-708A forbids driving a car and participating in an exhibition of speed, as well as racing, speed competitions, acceleration contests, and drag races. Exhibition of speed entails more than exceeding the speed limit. A prosecutor will need to prove beyond a reasonable doubt: (1) you participated in an exhibition of speed (2) for the purpose of making a speed record on a street or highway.
In everyday speech, “exhibition of speed” may be used interchangeably with “drag race.” However, exhibition of speed can occur even when only your car and no others are involved. It could involve accelerating rapidly or burning out, stopping another vehicle from passing, or enticing another vehicle to race by revving an engine or driving in such a way to invite racing.
If you are convicted of exhibition of speed as a first offense, you could face certain mandatory penalties such as a fine of at least $250 and points on your license. However, you could also be required to spend 6 months in jail, lose your license for a maximum of 90 days and be required to serve community restitution, in addition to a maximum fine of $2500.
After a jail sentence is pronounced, or in situations of extreme hardship, the court should provide that if you’re employed or going to school and can continue school or employment, you may continue with your job or school for at least 12 hours each day or at least 5 days each week. You’ll need to spend the remaining days or parts of days in jail until a sentence is served. You can be allowed out of jail for a time period that would allow you to go work or school and nothing more.
Moreover, the court may require you to surrender your driver’s license to a police officer. If you’re convicted for a first offense, your driving privileges may be suspended for at least 90 days. The department may suspend your driving privileges for a certain period. When there is a second or subsequent conviction for exhibition of speed perpetrated within a period of 24 months and after receiving an abstract of conviction, the department will revoke your driving privileges.
A director can authorize in writing an organized and appropriately controlled event to use a highway or a portion of a highway, even though it’s forbidden by the section. If you were given permission in a writing that specified when the exhibition of speed was to take place and where and special conditions, this may serve as a substantive defense. However, our attorneys will also look at whether procedural or constitutional defenses are appropriate.
Your case will be more complex if you are charged with both DUI and exhibition of speed, or multiple charges. For instance, sentencing may be especially harsh if you are convicted of exhibition of speed, DUI, and fleeing or evading the police, and you have one or more prior convictions. It is possible that if you are convicted of more than one crime, you could receive consecutive sentences. When you have past convictions, you may face particularly harsh sentencing. It is crucial to hire an attorney who understands both offenses and how prosecutors think about these charges when they pursue them.
When you hire a Tempe criminal defense attorney, you have the best possible chance of securing a dismissal, negotiating a plea for a lighter sentence, or winning at trial. James E. Novak may be able to represent you. He represents those accused in Phoenix, as well as Gilbert, Chandler, Mesa, and Maricopa County. Contact him at (480) 413-1499 or complete our online form.