Matthew J. Ruff DUI/DWI Law Blog on Lawyers.com

Lakewood DUI Attorney Explains the Law of Speed Enhancements

Sunday, April 24, 2011 by Matthew J. Ruff

In many states the law imposes severe consequences if the driver in a DUI case engages in reckless conduct over and above the drunk driving alone.  California for example says a person who is convicted of violating Veh C §23152 or §23153 while driving a vehicle 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 or highway in violation of Veh C §23103 (reckless driving), must be punished by an additional consecutive term of 60 days in the county jail. According to a local Lakewood DUI Attorney, if the court grants probation or suspends the execution of sentence, the court must require, as a condition of probation or suspension, that the defendant serve 60 days in the county jail, in addition and consecutive to any other punishment prescribed by the relevent sections of the Vehicle Code (Veh C §§23530–23598). Veh C §23582(b). The court must order a first time DWI offender to participate in an education and counseling program related to alcohol, drugs, or both. Veh C §23582(c).

Moreover, the judge in any given DUI case may not impose the additional term unless the facts of the reckless driving (and requisite driving over the speed limit) are charged in the accusatory pleading and are either admitted or found to be true by the judge or jury.  The law is clear on this point. However, one Long Beach Criminal Lawyer has observed that the finding must be based on facts in addition to the fact that the defendant was driving while under the influence of alcohol and/or drugs, or with a specified percentage of alcohol in the blood. Veh C §23582(d). The court may not strike this enhancement except in unusual cases in which the interests of justice would be served. If the court decides not to impose the additional and consecutive term, the court must specify its reasons on the record.

Posted at 12:12 PM
Topic: DUI/DWI
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