(a) In this section, "exhibition driving" means the operation of a motor vehicle in close proximity to a crowd or gathering in a manner that intentionally results in two or more of the following: (1) The excessive, abrupt acceleration or deceleration of the motor vehicle; (2) The skidding, squealing, burning, or smoking of the tires of the motor vehicle; (3) The swerving or swaying of the motor vehicle from side to side while accelerating; (4) (i) The engine of the motor vehicle producing an unreasonably loud, raucous, or disturbing noise; or (ii) The grinding of the gears of the motor vehicle or the backfiring of the engine of the motor vehicle; (5) Any of the wheels of the motor vehicle losing contact with the ground; or (6) The transportation of a passenger on or in an area of a motor vehicle that is not designed or intended for passenger transport such as the hood or roof. (b) On any highway or on any private property that is used for driving by the public in general, a person may not engage in exhibition driving. (c) (1) Except as provided in paragraph (2) of this subsection, a person convicted of a violation of this section is subject to imprisonment not exceeding 60 days or a fine not exceeding $1,000 or both. (2) A person convicted of a violation of this section that results in serious bodily injury to another person, as defined in § 20-102(c) of this article, is subject to imprisonment not exceeding 1 year or a fine not exceeding $1,000 or both. (d) A court may consider in defense of a charge for exhibition driving: (1) With respect to activity described in subsection (a)(1) or (2) of this section, that the individual driving the motor vehicle acted in a reasonable manner for safety purposes; or (2) With respect to activity described in subsection (a)(6) of this section, that the individual driving the motor vehicle was participating in a properly permitted parade at the time of the alleged violation.
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