Exhibition of Speed in Arizona – Frequently Asked Questions
What Is Exhibition Of Speed?
The law:
A person shall not drive a vehicle or participate in any manner in a race, speed competition or contest, drag race or acceleration contest, test of physical endurance or exhibition of speed or acceleration or for the purpose of making a speed record on a street or highway.
How would we define exhibition of speed?
Exhibition of speed means a display of speed, or even a display of the power or accleration of a car. The law doesn’t actually require a particular or minimum speed. The driver just has to be showing off the performance of their car.
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Popular Police Targets For Exhibition Of Speed
Burnouts
This could be a burnout in a straight line or what the police call “rotational burnouts” – basically smoking the tires while traveling a roughly circular path . Police target burnouts because they are usually loud and easy to spot.
Hard Acceleration
Who doesn’t like to punch it leaving a stop light? Well, that could unfortunately result in an exhibition of speed ticket if a cop deems the acceleration “too much.” A driver doesn’t even have to exceed the speed limit to get such a ticket. Having a loud car increases the probability of getting an exhibition of speed ticket.
Chirping Tires
This is a particularly ridiculous reason to issue an exhibition of speed ticket. Nevertheless, we see if often. A driver goes around a corner, or over some traintracks, or is on some other loose surface, and a tire chirps. Not a burnout, just a chirp. This inevitably draws the attention of an overzealous ticket writing cop.
What are the penalties for a FIRST conviction for exhibition of speed in Arizona?
Possible Penalties:
- A class 1 misdemeanor conviction
- Fines up to $2,500 plus surcharges and court assessments that could nearly double the total fine, plus another $1,000 penalty.
- Up to 6 months in jail.
- Up to 3 years probation
- The judge may suspend your driving privileges for up to 90 days.
- May be ordered to perform community resitution (community service)
Likely Penalties:
- Class 1 misdemeanor conviction.
- Mandatory fines of at least $1,493
- Jail time is rare, but it does happen. We most often see jail in city courts in Maricopa County.
- Probation is rare.
- We don’t usually see a license suspension from the court (there may be a points suspension)
Possible Collateral Consequences:
- 8 points on your driving record.
- Increased insurance rates
- Traffic Survival School
- Immigration issues
- License suspension depending on the driver’s history and accumulation of points
- Having to disclose a criminal conviction on job applications
What are the penalties for a SECOND conviction for exhibition of speed in Arizona?
A conviction that occurs within 24 months of another racing or exhibition of speed conviction counts becomes a class 6 felony.
A driver who is convicted a second time faces the following consequences:
Minimum penalties for a second conviction include:
- Mandatory fine of not less than $500. Add in court surcharges and assessments, and that gets close to $1,000.
- Mandatory penalty assessment of $1,000. See A.R.S. 12-116.11(A).
- Mandatory 10 days jail (assuming no prior felony convictions).
- 1-year mandatory license suspension. May be eligible for restricted license after 45 days.
- 8 points on the license and a Traffic Survival School assignment.
Maximum potential penalties for a second conviction include:
- All of the minimum consequences, plus:
- Could be charged as a misdemeanor instead of a felony.
- Fines up to $150,000 (for a class 6 felony). If charged as a misdemeanor, the potential maximum fine is $2,500 plus surcharges. Surcharges and court assessments will nearly double the fine amount.
- Up to 2 years in prison.
- Probation.
- May be ordered to perform community restitution (community service).
Exhibition Of Speed Ticket Defense Lawyers
David Enevoldsen, Partner
My favorite thing about being a criminal defense attorney is getting my client’s charges dismissed at trial. Driving on the beautiful Arizona highways is a close second.
Chris Rike, Partner
I love being a criminal traffic defense attorney because it marries two of my favorite things: cars and fighting for the rights of drivers.
How Do I Beat An Exhibition Of Speed Ticket?
Challenge Legal Issues:
- Does what the police allege match the legal definition of exhibition of speed?
- What did the police actually see?
- Is there video of the alleged violation?
- Did the police lose visual contact between seeing the alleged violation and the actual traffic stop?
- Does the court have proper jurisdiction?
- Is the officer available to testify?
Other Considerations:
- Is it possible to negotiate a plea to something less?
- How is your driving history?
- What is your background?
- Have you done a lot of community service?
- How did you treat the officer during the traffic stop?
- Is Veteran’s Court an option?
How long will my car be impounded for exhibition of speed?
Arizona law says that if the police believe a driver was engaging in an exhibition of speed, then the officer shall impound the vehicle. A big problem with this, in our mind, is it allows for the impounding of an innocent driver’s vehicle without any due process (surprise, the courts don’t care). The impound is for 20 days. After the 20 days run, the driver may go retrieve the vehicle with their valid driver license and proof of registration.
Getting A Car Out Of Impound
If the person cited with exhibition of speed is the only owner of the vehicle at the time of impound, the car won’t be released until the impound time runs. After the 20 days run, the owner may go retrieve the vehicle with their valid driver license and proof of insurance and registration.
If there is another owner besides the person who was driving when the car was impounded, that owner can get the car back anytime. Here again, the owner will need to show a valid license and proof of insurance and registration.
See A.R.S. 28-3511(A)(3) for the impound law.
What is the court process for an exhibition of speed ticket?
Each case is unique and your specific circumstances will determine what may happen, but the basic sequence of a case is this:
1. Arraignment
The date on your ticket is the arraignment date. This is when you, the defendant (or your attorney) appears before a judge and enters a plea of not guilty or not guilty.
2. Pretrial Conferences
A Pretrial conference is a meeting between the prosecutor and the defendant (or your attorney) to see if a resolution can be reached and to make sure the defendant is getting the information they need (discovery).
3. Discovery
Discovery just means information gathering. It involves requesting and reviewing evidence which may include reports, witness statements, video, radar or lidar calibrations, and more.
4. Negotiation
Negotiation, which can include a deviation request, is essentially making an argument to the prosecution requesting a reduced charge based on the information uncovered during discovery and other mitigating details, such as the defendant’s driving record or background.
5. Resolution
This could involve a change of plea hearing if an agreement has been reached with the prosecution, or a trial.
How many points is exhibition of speed in Arizona?
8 points.
Even if you don’t have an Arizona driver license, the Arizona Department of Transportation (ADOT) will create a record for you and assign points. Then Arizona will make this information available to other states. The result is that an exhibition of speed conviction in Arizona may follow you to your home state.
If an exhibition of speed conviction hits your driving record, ADOT will require you to take an 8-hour traffic survival school class to avoid a suspension. If you already have points, then you might just get a straight suspension.
Keep in mind each state has its own points systems, and they can differ substantially.
Can I expunge an exhibition of speed conviction in Arizona?
Arizona only permits expungement in limited circumstances. Exhibition of speed is not one of those circumstances.
However, you can apply to the court to set aside the convition at any time after the sentencing requirements have been completed.
Arizona now has a pathway to “seal” the records related to an exhibition of speed conviction. While this is not the same as an expungement, it comes close and does a lot more than a set aside. You can read more about sealing of criminal records here.
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