My son was cited on 10/17 with a ticket for exhibition of speeding. This is his first traffic violation and he is 19. The officer impounded his car for 30 days and he has to appear in court next month. The office pulled him over after watching him pull out of a driveway of a local fast food restaurant. My son stated that he was only in 2nd gear and lost traction because of water off the curbing. I have already enquired about the cost of retrieving the car from impound after 30 days, but fear the cost of this ticket and how it will impact my son's insurance. Can traffic school take this off of his record? What could the maximum fine be for a first offense?
-
Welcome to our legal community! Click here or the create new topic button to ask a question and receive answers and comments from our friendly and helpful legal community.
Articles that answer frequent legal questions are in our Law Guide. Important legal news is reported in The Law JournalYou can find a lawyer near you in the Lawyer Directory. If you know that you need to hire an attorney, you can submit a case review from a lawyer.
Exhibition of Speed ticket
- Thread Starter pfigueroa
- Start date
- Status
CdwJava
Moderator
This sounds like California.
What state was this, and what was the code section for which he was cited?
If it IS California, who is the car registered to? If it is not registered to your son (in whole or in part), the owner of the vehicle might be able to get it released prior to the end of the 30 days depending on the code section cited and the authority section used for the impound (which, if in California, would be on the "CHP 180" form, or, impound sheet you or he received in the mail or in person).
- Carl
Yes, this is the state of California. The code that was written on the ticket is #23109 if this helps. The car is registered in my son's name only, so I don't think we will be able to get the car out of impound prior to the 30 days. I was told that he could request a hearing prior to his court date, but don't know if we should. I am very concerned though that this will hurt his record and insurance if he is not able to go to traffic school to have it removed.
CdwJava
Moderator
I suspect he was charged with CVC 23109(c) (exhibition of speed). If charged as an infraction, he will face a fine of about $298 (including fees and assessments) and 2 points on his license. He may be able to mitigate one of those points, I believe, through traffic school.
Yes, he can schedule an administrative impound hearing with the impounding law enforcement agency, but they will almost assuredly NOT release it. But, there is no harm in asking.
- Carl
Yes, he can schedule an administrative impound hearing with the impounding law enforcement agency, but they will almost assuredly NOT release it. But, there is no harm in asking.
- Carl
Ok, do you suppose when he appears in court, he should ask to attend traffic school to remove 1 of the points? And also, is there any way he could ask for community service to reduce the fine? I just want to make sure that his bases are covered considering the stiff penalty for a first time offense.
CdwJava
Moderator
It really depends on whether he will be going through the Superior or Traffic courts. If he is attending Traffic court, I do not believe community service is an option. It might be, but I am not certain. (I tend to deal with the arrest side, not the court side.)
It might be advisable for him to speak to an attorney as to his options.
- Carl
It might be advisable for him to speak to an attorney as to his options.
- Carl
Ok, thank you. I just recieved the Vehicle Report in the mail. Upon looking this over, the code is #23109-2 (A) CVC, is this the same as the code you quoted above? There is also a place where you can check off if the vehicle is 1)stored 2) impound 3) released 4) recovered 5) abandoned.......and the (1) stored box is checked. Could that be the difference in paying an impound fee? I'm sorry to ask so many questions, but don't know anything about this type of situation.
CdwJava
Moderator
CVC 23109.2 is the impound authority for a thirty day tow for a speed contest or exhibition of speed.
The vehicle is stored, and he will likely have to pay both a vehicle release fee to the impounding agency as well as the tow and storage fees to the tow company. He can expect to pay out nearly $1,800 just for those costs alone. Then, of course, he'll have his other penalties to pay for the offense itself.
- Carl
The vehicle is stored, and he will likely have to pay both a vehicle release fee to the impounding agency as well as the tow and storage fees to the tow company. He can expect to pay out nearly $1,800 just for those costs alone. Then, of course, he'll have his other penalties to pay for the offense itself.
- Carl
Thank you Carl,
Your advice has been a huge help and gives me a good idea of how much this will cost as well as the processes involved with dealing with this type of infraction. I believe my son will most likely be more careful and unfortunately have to deal with the consequences.
Your advice has been a huge help and gives me a good idea of how much this will cost as well as the processes involved with dealing with this type of infraction. I believe my son will most likely be more careful and unfortunately have to deal with the consequences.
- Status
Share this page
