California Criminal Defense – Exhibition of Speed
A plea bargain is a compromise that is reached between the prosecutor and a defendant and his or her attorney. The compromise is generally based on the strength of the prosecutor’s case. If the prosecutor has a weak case they will generally offer a driver the chance to plead to a reduced charge. When a prosecutor has a particularly strong case, they are likely to be less generous in their plea bargain negotiations. It takes the skills of an experienced California DUI / DWI attorney to successfully get a prosecutor to reduce charges or compromise on the punishments for DUI / DWI charges.
When one is arrested for driving under the influence of alcohol or driving while intoxicated in California, they will typically be charged with misdemeanor drunk driving. When a prosecutor’s case is particularly weak, the charge will be significantly reduced. A DUI / DWI lawyer will work with the prosecutor to reach a compromise. One of the best possible compromises available in driving under the influence cases is a charge of exhibition of speed.
Exhibition of speed is a non-alcohol related offense and it therefore carries a very light punishment compared to a DUI / DWI or wet-reckless charge. It is a minor misdemeanor that will commonly be offered when the driver’s BAC was .08 percent or lower. Pleading guilty to exhibition of speed will mean the driver must pay a fine and that’s it. There will be no probation. So long as the driver is successful at the DMV hearing, there will be no license suspensions or SR-22 filing requirements. A charge of exhibition of speed will not be counted as a prior drunk driving offense if the driver gets charged with driving under the influence for a second time within 10 years.
A California criminal defense attorney is highly likely to advise their client to plead to a charge of exhibition of speed if the prosecutor makes the offer. In fact, a DUI / DWI defense lawyer will attempt to negotiate such a deal if they see weakness in the prosecutor’s case. For a free evaluation, contact The Kavinoky Law Firm.