Speeding and DUI in California
Photo by Kenny Eliason on Unsplash
If you are convicted of a DUI charge or DUI with injury while driving 30 or more miles per hour above the speed limit on a freeway, or 20 or more miles per hour over the speed limit on any other street in violation of California Vehicle Code Section 23103 (reckless driving), VC 23582 says the judge must sentence you to 60 days in the county jail.
What is very important is paragraph (d) of VC 23582, which says:
(d) The additional term provided in this section shall not be imposed unless the facts of driving in a manner prohibited by Section 23103 and driving the vehicle 30 or more miles per hour over the maximum, prima facie, or posted speed limit on a freeway, or 20 or more miles per hour over the maximum, prima facie, or posted speed limit on any other street or highway, are charged in the accusatory pleading and admitted or found to be true by the trier of fact. A finding of driving in that manner shall be based on facts in addition to the fact that the defendant was driving while under the influence of alcohol, any drug, or both, or with a specified percentage of alcohol in the blood.
If you think VC 23582 is confusing, you are not alone.
The finding of reckless driving must be based on facts in addition to the fact that you were driving under the influence of alcohol and/or a drug. In other words, just proving you were DUI is insufficient to prove this additional penalty, speeding alone is insufficient to prove reckless driving.
There are three things the prosecutor must prove for the VC 23582 enhancement:
- you drove 30 or more miles per hour on the freeway or 20 or more miles per hour on any other street,
- you acted in a willful and wanton disregard for the safety of persons or property (reckless driving), and
- you were under the influence of alcohol or drugs or both or drove when your BAC was equal to or over the legal limit.
Caution: It is very common for prosecutors to charge you with the DUI sentencing enhancement just because you were driving under the influence and speeding. In other words, only #1 and #3 above. To avoid jail time and fight overzealous prosecutors, you need a skilled DUI attorney who knows the law.
If you were charged with DUI while speeding and/or driving recklessly, or if you have been charged with speed enhancement, contact defense lawyer Richard Wagner at 714-721-4423 for a FREE consultation.