Under California law, if you are arrested for driving under the influence and your speed exceeds the posted limit by:
- 20 mph or more on streets
- 30 mph on highways and you are driving in a reckless way, you may face a minimum of 60 days in jail under California Vehicle Code 23582 vc.
In a DUI case involving speeding, the speed enhancement is not a mandatory charge. In cases involving this sentencing enhancement, the prosecutor must prove that a person was speeding while intoxicated and that the person did this while knowing that it was probable that they could cause injury to someone.
If you are arrested for driving 20-30 or more MPH over the maximum — on a highway in California and the results of a breathalyzer test show that your blood-alcohol content is over the legal limit of 0.08%, prosecutors may decide to charge you with an “excessive speed enhancement” in addition to a DUI charge.
The prosecutor would have to prove all elements of the charge:
- That the person was intoxicated:
- That they were driving 20 to 30 mph above the speed limit; and
- That they were driving recklessly
- Swerving the vehicle in such a way as to make someone believe that you were intentially attempting to crash into them.
- Intentially presssing on your breaks after passing someone while on the freeway.
- Puposefullly driving onto oncoming traffic to force the oncoming car to swerve away or playing “chicken”
1) Is the Speed Enhancement a Crime in California Under Vehicle Code 23582 VC?
No. The speed enhancement is not a crime. It is a law that requires that the court in your case tack on additional penalties to your DUI sentence if the prosecutor can prove that you were speeding and driving recklessly while intoxicated.
No, The judge in your case is mandated to give you a jail term if the speed enhancement charge is proven in your case.
3) What if I don’t think there is enough evidence to prove the speed enhancement charge in my case?
You should consult an experienced DUI attorney. In some speed enhancement cases, an attorney may be able to fight the charge because there was no radar gun used by the police to track the driver’s speed and there is a lack of evidence to prove the speed enhancement charge.
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At the Aizman Law Firm, our experienced attorneys can help you if you are facing a speed enhancement charge by proving that you were obeying all other traffic laws and that you were not driving recklessly when you were arrested. If you need to speak to an attorney about your case or about a speed enhancement charge in your DUI case, please call our office