Tuesday, February 17, 2009

California Vehicle Code (Speeding Enhancement) in California DUI cases - 60 days mandatory jail

California DUI criminal defense attorneys are often asked about the Speeding Enhancement allegation in California drunk driving cases. Just how fast can one go when California DUI in order to qualify for the mandatory 60 days custody?

Answer: California Vehicle Code (Speeding Enhancement)

23582. (a) 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.

(b) If the court grants probation or suspends the execution of
sentence, it shall 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 sentence prescribed by this chapter.

(c) On a first conviction under this section, the court shall
order the driver to participate in, and successfully complete, an
alcohol or drug education and counseling program, or both an alcohol
and a drug education and counseling program. Except in unusual cases
where the interests of justice would be served, a finding making
this section applicable to a defendant shall not be stricken pursuant
to Section 1385 of the Penal Code or any other provision of law. If
the court decides not to impose the additional and consecutive term,
it shall specify on the court record the reasons for that order.

(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.


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