Exhibition of speed” refers to what most people would think of as “drag racing” or “street racing.” To facilitate criminalizing the activity, most courts have expanded the traditional definitions of drag racing in current anti-racing ordinances. Exhibition of speed is a type of reckless driving, when a person drives a vehicle at a rate of speed or in a manner that shows disregard for the safety of people and property. The traditional notions of drag racing and exhibitions of speed often hold that there are more than one driver and or an audience to watch, often at illegal sideshows. Modern laws tend to eliminate the multi-car and audience requirements. Today, Exhibition of Speed is largely defined as displaying an unlawful amount of speed on public streets or highways while operating a motor vehicle. Common Elements of Exhibition of SpeedStates differ on what acts are considered racing or exhibitions of speed. Generally, most states have these elements in common. Possible Defenses • Intentional: You cannot be convicted of exhibition of speed if you didn’t intend to drive your car in the illegal manner. For example, if you are a new driver or have recently rented a car that has a lot more power than you are used to and you accidentally accelerate too quickly, you are not guilty of an exhibition of speed. The prosecution must show that you intended to unreasonably accelerate or engage in prohibited activity. • Absolute speed limit — The absolute speed limit is the posted speed limit in an area. You break the absolute speed limit if you travel over the posted speed by any amount. If the officer doesn’t show up at the hearing, you could be off the hook, but don’t rely on that. If you ask for a hearing, plan to make your case and be questioned before a judge. Check the ticket to find out whether a state, county or local officer issued it and search online for traffic procedures in that jurisdiction. Look up your state’s motor vehicle code, carefully read the speed law you allegedly broke and prepare to argue that you didn’t. As you prepare for court, you can: Free Initial Consultation with LawyerIt’s not a matter of if, it’s a matter of when. Legal problems come to everyone. Whether it’s your son who gets in a car wreck, your uncle who loses his job and needs to file for bankruptcy, your sister’s brother who’s getting divorced, or a grandparent that passes away without a will -all of us have legal issues and questions that arise. So when you have a law question, call Ascent Law for your free consultation (801) 676-5506. We want to help you!
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8833 S. Redwood Road, Suite C West Jordan, Utah 84088 United States Telephone: (801) 676-5506
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