California DUI "Speed Contest Plea Bargains"

Odd as it may sound, switching out your DUI charge for a "speed contest" can be an effective way to avoid stiffer penalties.

After the police arrest a California driver for DUI, the prosecutor has an enormous amount of discretion regarding how to proceed. This includes reducing the charge to a lesser offense that will not impose certain DUI penalties in exchange for the defendant’s guilty plea… commonly known as a "plea bargain."

California DUI "speed contest plea bargains" present an interesting example. Variously referred to as a "speed contest," "exhibition of speed," or "speed ex," California Vehicle Code section 23109 prohibits racing on public roads and purposefully driving at an unsafe speed. While "speed contests" often don’t resemble a DUI defendant’s actual conduct, prosecutors still use this charge to facilitate a plea bargain simply because it has lower penalties by comparison to DUI.

Like DUI, a "speed contest" is a misdemeanor offense that will result in a six month license suspension. In contrast to DUI, however, it results in lower fines, a shorter jail sentence and shorter period of probation. Nor does it require completion of DUI alcohol classes.

Most importantly, a California DUI "speed contest plea bargain" cannot be used as a prior DUI offense that automatically increases the penalties of a future charge. Similarly, if the defendant already has prior DUI offenses, a "speed contest" will spare him or her from those same increased penalties.

Our Los Angeles DUI Lawyers always work to provide clients with the best possible options for resolving a DUI charge. This involves a process of negotiation with the prosecution where we carefully demonstrate the weaknesses of their case while highlighting the strengths of ours. Many times, a California DUI "speed contest plea bargain" emerges as the best alternative to proceeding to a jury trial.