Speed Contest and Speed Exhibition Charges in Colorado
Speed Contests – C.R.S. 42-4-1105
It should not be a surprise to anyone that law enforcement is actively looking to punish those individuals who are speeding on the roadways in our communities. In fact, many people have received a speeding ticket or know someone who has. Perhaps that speeding ticket was for driving 5 – 9 mph over the limit or maybe even 10 – 19 mph over the speed limit.
Occasionally, when someone is speeding in their vehicle, they are speeding because they are racing someone else who is also in a vehicle. Sometimes, all the person has done is made some kind of indication that they want to race a different driver. In those situations, that person might be charged with Speed Contest or Speed Exhibition. These are both serious offenses that can be punished by time in jail. Further, a conviction for either of these offenses often leads to a Point Suspension hearing at the DMV – that means that your driving privileges may be suspended for some amount of time.
First, it is important to distinguish between “speed contest” and “speed exhibition.”
“Speed contests” means the operation of one or more motor vehicles to conduct a race or a time trial, including but not limited to rapid acceleration, exceeding reasonable and prudent speeds for highways and existing traffic conditions, vying for position, or performing one or more lane changes in an attempt to gain an advantage over one or more of the other race participants.
On the other hand, “speed exhibition” means the operation of a motor vehicle to present a display of speed or power. It includes, but is not limited to, squealing the tires of a motor vehicle while it is stationary or in motion, rapid acceleration, rapid swerving or weaving in and out of traffic, producing smoke from tire slippage, or leaving visible tire acceleration marks on the surface of the highway or ground.
Oftentimes, when someone is facing this charge, it isn’t because they were racing someone but rather because they were running late, driving fast, and the officer thought that they may be racing.
It is also important to realize that the provisions of this law do not apply to those involved in an “organized competition” on a “designated and duly authorized racetrack” or course.
When looking at one of these charges, it is imperative that you are fully informed of the way in which law enforcement can work against you. For example, in Denver, the City and County of Denver may impound your vehicle as a nuisance; between the fines for the offense, the towing costs, and the impound fee, such an offense can cost you hundreds.
Further, a second conviction for these offenses may allow law enforcement to place an immobilization device on the vehicle for up to fourteen days.
The attorneys and staff at the Law Office of Jacob E. Martinez understand how important it can be for someone to preserve their driving privileges – often we need those privileges in order to go to commute to work/school or pick up and drop off the kids. Contact an experienced Denver traffic attorney at the Law Office of Jacob E. Martinez for a free consultation with one of our experienced criminal defense attorneys.
The recent changes to the law regarding psilocybin – or magic – mushrooms has left many people confused about their legal status. In 2022, Colorado legalized psilocybin, but doesn’t mean you can use, possess, or distribute them without restrictions.
For example, selling magic mushrooms without proper licensing, using them in public, or possessing large quantities can lead to serious legal consequences. At the Law Office of Jacob Martinez, we’re here to clarify the laws and protect your rights if you’re [...]
Colorado’s stance on drug offenses has shifted over the years, with reforms aimed at prioritizing treatment over punishment for low-level possession charges. However, drug-related crimes still carry severe penalties, particularly for offenses involving intent to distribute or trafficking.
But, many potential defenses may be available, depending on the circumstances of your case. Was the search of your property lawful? Did the police mishandle evidence? Were you aware of the drugs found in your possession? These are just a few of [...]
Facing a domestic violence charge can feel overwhelming and intimidating. Allegations of violence against a family member or intimate partner carry serious weight, and a conviction can have severe consequences, including jail time, fines, restraining orders, and a damaged reputation. However, an accusation is not the same as a conviction. Numerous defense strategies can be used to help clear your name, reduce charges, or, in some cases, dismiss the case entirely.
Below, we discuss some of the most common defenses [...]