DCD Law

DUI – “Speed Ex” as a Plea Bargain

Have you been arrested or charged with a DUI? Your case may be one that can be negotiated down to a Speed Ex.

Call Los Angeles Speed Ex lawyer Kevin Moghtanei for a FREE CONSULTATION today.

DUI can have potentially devastating effects on one’s personal and professional life. For that reason, many efforts are made to negotiate a deal for a reduced charge. One of the better negotiated outcomes on a DUI case is CVC 23109(c), commonly referred to as a “Speed Ex.”

Speed ex is found in California vehicle code section 23109(c). While a speed ex is a misdemeanor, the consequences of a conviction are much less severe when compared to the condequences of a DUI conviction.

Advantages of a Speed Ex vs a DUI
Shorter probation:
  • DUIs generally involve a period of probation lasting 3 to 5 years
  • A speed ex generally involves a shorter period of probation lasting 1 to 2 years
Lower fines:
  • A DUI has a maximum fine of $1,000
  • A speed ex has a maximum fine of $500

*Note: These fines are the base fines; penalty assessments are always added on for a speed ex and DUI alike, and usually brings the amount to about 3x-4x the amount of base fine

No DUI school:
  • A first time DUI conviction will result in having to complete a 3 month, 6 month, or 9 month alcohol program.
  • A multiple DUI offender may have to complete an 18 month or even a 30 month alcohol program.
  • A speed ex requires no alcohol program.
No priorability:
  • A DUI (and even a “wet reckless”) are priorable offenses for a 10-year period, meaning that any other DUI or wet reckless conviction will result in a harsher punishment.
  • A speed ex is not priorable.

Examples:

Example A: Michael is charged and convicted of a first time DUI in 2010. In 2016, Michael gets charged and convicted of a separate DUI. Because the 2016 DUI occurred within 10 years of the 2010 DUI, this will count as his 2nd DUI and he will be punished much more harshly.

Example B: Michael is charged and convicted of a wet reckless in 2010. In 2016, Michael gets charged and convicted of a DUI. Because the 2016 DUI occurred within 10 years of the 2010 wet reckless, this will still count as his 2nd DUI and he will be punished much more harshly.

Example C: Michael is charged and convicted of a speed ex in 2010. In 2016, Michael gets charged and convicted of a DUI. Here there is no priorability for the speed ex, so the 2016 DUI conviction wil result in punishment for a first-time offender.

No license suspension:
  • A DUI conviction will generally result in a license suspension.
  • A speed ex will not result in a license suspension.

Negotiating a DUI charge down to a speed ex is no easy task. There are certainly no guarantees in any cases, including DUI matters. However, I have a great deal of experience in handling DUIs throughout Los Angeles County, and in doing so have been able to successfully get my clients a speed ex.

Contact me for a free consultation to discuss your DUI arrest and DUI charges, and see if I can get your matter reduced to a speed ex.

 

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