California DUI Conviction: Sentencing Enhancements - Speeding

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Sentencing enhancements in a California DUI offense including having children in the car at the time of the DUI arrest (California Vehicle Code Section 23572 - Minor Passenger: Enhanced Penalty), being involved in an accident, and speeding, California V.C. Section 23582 - Speeding: Additional Penalty. Sentencing enhancements substantially increase the punishment handed down in a DUI case. A California criminal attorney who focuses on DUI defense will develop an aggressive strategy to fight both the DUI charge and a speeding enhancements.

California Vehicle Code Section 23582 state that: "Any person who drives a 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, and in a manner prohibited by Section 23103 during the commission of a violation of Section 23152 or 23153 shall, in addition to the punishment prescribed for that person upon conviction of a violation of Section 23152 or 23153, be punished by an additional and consecutive term of 60 days in the county jail."

Like the underlying charge of drunk driving, the speeding and reckless driving allegations must be proven beyond a reasonable doubt. To establish the facts of reckless driving, a prosecutor must prove that the driver had willful or wanton disregard for the safety of people or property, and wasn't just driving too fast.

In a California DUI cases that involve sentencing enhancements that carry considerable jail time, a driver may want to consider a plea bargain if one is offered. In a negotiated plea bargain, the driver pleads guilty in exchange for a lesser charge or reduced sentence.

Sentencing enhancements in a California DUI case such as speeding can add considerably to a driver's sentence. Punishments for such crimes resulting in longer jail sentences, higher fines, longer driver’s license suspensions, greater mandatory education requirements, and more restrictive probation. An experienced California DUI defense lawyer can evaluate each case to determine the best strategy to fight sentencing enhancements, such as speeding enhancements, along with the underlying charge of Driving Under Influence of Alcohol or Drugs.