Torrance Exhibition of Speed Lawyer

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Exhibition of Speed Attorney in Torrance, CA

You should know that indecent exposure may be charged as a misdemeanor or a felony.

California Penal Code Section 314 says that anyone who willfully and “lewdly” exposes his genitals in a place where there are other people present would be offended or annoyed by the exposure is guilty of a misdemeanor. The section further provides that a person who exposes himself after having entered an inhabited dwelling, without consent, can be punished by imprisonment in the state prison.

Needless to say, this crime is not just a “silly prank,” but can carry serious repercussions, including state prison confinement. Tragically, a conviction of indecent exposure requires sex offender registration.

What does the prosecutor have to show for me to be convicted?

To prove your guilt for this crime, the prosecutor must show that you
1) Willfully exposed your genitals in the presence of another person who might be offended or annoyed by your actions


2) At the time of exposure, you acted lewdly by intending to direct public attention to your genitals to sexually arouse or gratify yourself or another person, or to offend another person sexually.If you’ve been charged with driving under the influence in the state of California, you’re looking at some serious penalties. However, with an experienced attorney by your side, some – maybe even all – of these penalties can be avoided. One method used is to bargain for reduced charges, such as the California Vehicle Code §23109 charge of exhibition of speed.

What Is ‘Exhibition Of Speed’?

According to §23109 VC, “Exhibition of Speed” is basically the legal term for an illegal street race in which a motor vehicle races against another motor vehicle or even an electronic device such as a clock.

Comparing The Penalties For Exhibition Of Speed Vs. DUI in California

It is important to bear in mind that an exhibition of speed charge is still a misdemeanor, and as such, comes with its own list of penalties. However, as rough as those penalties may be, they are still only half as bad as the penalties you may be facing with a DUI charge:

First-Time DUI Offender

Exhibition of Speed DUI
County Jail Time Up to 90 days (3 mo.) Up to 180 days (6 mo.)
Fine Amount Up to $500 Up to $1,000*
Probation Period 1-2 years 3-5 years
Mandatory License Suspension Period None 6 months
DUI School? No Yes (3 mo.)
Priorability? No Yes

*Does not include Penalty Assessment fees (typically ~$2,000)

Second/Third Time DUI Offender

Exhibition of Speed DUI
County Jail Time Up to 90 days (3 mo.) Up to 365 days (1 year)
Fine Amount Up to $500 Up to $1,000*
Probation Period 1-2 years 3-5 years
Mandatory License Suspension Period None 2 years for 2nd offense 3 years for 3rd offense
DUI School? Yes (9 mo.) Yes (18-30 mo.)
Priorability? No Yes

*Does not include Penalty Assessment fees (typically ~$2,000)

Apart from the two most notable differences in county jail time and the fine amounts, the differences in probation periods and priorability make an exhibition of speed conviction worth pursuing over a DUI.

For example, a common rule when you are on probation is that you are not allowed to drive with any amount of alcohol in your system. If you were to violate this rule, you will be said to have violated probation, and as a result may face more jail time, fines, and may even have to re-start your entire probation period all over again.

Likewise, having a prior DUI conviction on your record means that a second DUI charge within a 10-year period will result in much harsher penalties than the first time around, such as up to one year in county jail, three to five years of probation, and a two-year suspension of your driver’s license.

Furthermore, there are plenty of other hassles that can be avoided by reducing your DUI charge to an exhibition of speed charge. Some examples include:

  • Having your driver’s license suspended
  • Having to complete a DUI program
  • Having to install an Ignition Interlock Device in your vehicle

Does My Case Qualify For Reduction?

There are a number of different factors that come into play when determining the likelihood of reducing your DUI charge, but the most important is whether or not the prosecutor has enough evidence to convict you of the DUI as it stands.

Our skilled attorneys will make it a point to check and double-check the results of your blood or breath sample and make sure the devices used were properly calibrated at the time of your arrest. Furthermore, during our free sit-down consultation session, we will hear your side of the story starting from the moments leading up to your arrest to make sure that it was legally valid and that all of your constitutional rights were respected.

How Can Ernenwein & Mathes, LLP, Help?

If you’ve been charged with DUI, Ernenwein & Mathes, LLP, can help. Robert Ernenwein is a former Los Angeles deputy district attorney, and we will use his knowledge of how prosecution views DUI cases and our 60 combined years of experience as criminal defense attorneys to help get your DUI charges reduced.

We know you’re ready to put your past behind you and get your life back on track and we’re ready to do what needs to be done in order to make that happen.

Have you or someone you know been charged with DUI or any other crime? Contact Ernenwein & Mathes, LLP, Los Angeles and Orange County criminal defense lawyers today at 310-375-5858 for a free case review.

What can your lawyers do to defend me against this charge?
Based on the facts of your case, we may be able to argue that you did not act willfully when you exposed yourself, that you did not expose yourself on purpose. We can argue that your exposure was not sexually motivated nor did it carry the objective of gratification or to offend others. Further, we can also argue that the person or persons present at the time of the exposure consented to the exposure.

Why Choose Ernenwein & Mathes, LLP, To Defend You Against An Indecent Exposure Charge?

We are experienced and aggressive Torrance criminal defense lawyers and will use any and all available defenses to protect you against a conviction. We have over 60 combined years of experience defending persons accused of indecent exposure and other crimes. Robert Ernenwein is a former Los Angeles County deputy district attorney and will utilize his specialized knowledge and experience to benefit our clients in their cases.

Mr. Ernenwein is certified as a Criminal Law Specialist by the California State Bar Board of Legal Specialization. He has been selected for inclusion in California Super Lawyers for several years and has appeared as a legal analyst on multiple cable news programs, including Fox News.

If you are suspected or have been arrested for committing a crime, call us at 310-375-5858 or email us immediately for your free consultation. We are standing by to hear your case in person in a free consultation.