How A DUI While Speeding Can Land You In Jail
California authorities have taken significant steps in order to crack down on drunk driving. Those convicted of their first DUI already face one of the highest average rate increases in the nation. Drivers also have their license confiscated and potentially suspended or revoked if they refuse or fail a test to determine Blood Alcohol Content (BAC).
Alongside license restrictions, fines and jail terms, some jurisdictions have statues that mandate extra punishment in certain scenarios. Drivers can see their drunk driving offenses potentially elevated if, for example, they have a record of prior convictions, a high BAC, or if a minor under the age of 14 was in the car.
California vehicle code 23582 penalizes a DUI driver who exceeded the speed limit on a freeway by at lease 30 miles per hour, or 20 miles per hour on a public street and drove in a reckless manner. If there is no posted speed limit, it is generally considered that the normal limit would be 65 miles per hour on the freeway and 25 miles per hour on a public street.
Courts within the Golden State say that reckless driving is that which is “willful or wanton disregard for the safety of persons or property.”
Pretending to swerve into another car or person, or forcing other drivers to brake quickly after passing their cars would be examples of reckless driving.
If a prosecutor is able to prove both of the above stipulations true, and if the driver is convicted of DUI, then a minimum of 60 days in jail will be levied as an additional enhanced speed penalty. The driver would also be required to attend California DUI school.
However, if an experienced DUI attorney is able to provide reasonable doubt concerning the intoxication of the driver, and/or if they are able to provide doubt to an allegation of reckless driving and/or exceeding the speed limits under the vehicle code, the enhanced speed penalty can not be enacted.
All three elements must not be missing in order for the enhanced speed penalty to come into effect. One defense lawyer noted that some officials will often try to allege the excessive speed penalty even without solid evidence.
If you are facing additional penalties due to an alleged enhanced speed penalty violation, call our offices at 800-797-8406. An experienced attorney will speak with you to help navigate the legal process, and as always, consultation is always free.
