To most people, the terms “exhibition of excessive speed” and “drag racing” are synonymous. To make it easier to criminalize the activity, most courts have expanded the conventional definition in current ordinances. An excessive speed exhibition is a form of reckless driving, and today it is typically defined as displaying unlawful speed on public highways and streets while operating a vehicle. In this article, readers can learn about these laws, and they can find out how a traffic attorney in Warrenton, VA can help them beat charges when the laws are vague.
Common Elements of an ‘Exhibition of Excessive Speed’ Case
Jurisdictions differ on which acts are regarded as exhibiting unlawful speed, but most have the following elements in common:
* Screeching tires, which usually isn’t enough to prove an offense.
* Deliberately doing things to gain attention.
* Driving in a way that unnecessarily creates public risk.
Other elements may exist, depending on the nature and jurisdiction of the case.
Regulations on the exhibition of unlawful speed are usually broad in definition. Because of the nature of these laws, offenders and their attorneys often argue that they are hard to understand and therefore invalid. Possible defenses include:
* Vague language. The ordinance wasn’t specific enough to tell a reasonable person which activities are illegal.
* Lack of intent. The driver had no intent to show excessive speed.
* Accident. Noise and traction loss were caused by conditions such as moisture or gravel.
Is Excessive Speed Exhibition a Misdemeanor or a Felony?
Excessive speed exhibition is usually charged as a misdemeanor, and anyone determined to be guilty can receive up to 90 days in jail and probation, license suspension, and fines. However, specific sentencing may vary by jurisdiction, and it’s better for clients to consult a traffic attorney in Warrenton, VA if they have questions on a particular case.
Does a Person Charged with Exhibition of Excessive Speed Need a Lawyer?
Because speed exhibition laws are intentionally drafted to be broad, they can often work around constitutional requirements for specificity and provide notice of prohibited acts. Clients should Visit Gayheartandwillis.com to determine whether they have violated a valid law.