DUI Speed Enhancement – VC 23582

DUI Speed Enhancement 

California Vehicle Code Section 23582 

If you are convicted of violating California Vehicle Code Sections 23152 or 23153 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), California Vehicle Code Section 23582 says you must be punished by an additional consecutive term of 60 days in the county jail.  If the court grants probation or suspends the execution of sentence, the court must require, as a condition of probation or suspension, that you serve 60 days in the county jail, in addition and consecutive to any other sentence prescribed by the Vehicle Code.

What is very important is paragraph (d) of Section 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 this statute 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 like the fact that you were DUI is not sufficient to prove this enhancement – speeding alone is not enough to prove reckless driving.

3 things the prosecutor needs to prove:

  1. you drove 30 or more miles per hour on the freeway, or 20 or more miles per hour any other street,
  2. you acted in a wilful and wanton disregard for the safety of persons or property (reckless driving), and
  3. you were under the influence of alcohol or drugs or both, or drove when your BAC was over the legal limit.

 

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