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Learn More About California's DUI Reckless Speed Enhancement - Mandatory 60-Days Jail
DUI RECKLESS SPEED ENHANCEMENT - CVC 23582
Where it is pled and proven (or admitted) that a defendant drove 30 or more m.p.h. over the maximum, prima facie, or posted speed limit on a freeway, or 20 or more m.p.h. over the maximum, prima facie, or posted speed limit on any other street or highway, and that he did so in violation of CVC §23103 (i.e., reckless driving) while concurrently violating Vehicle Code §§ 23152 or 23153, an additional and consecutive term of 60 days jail shall be imposed. CVC § 23582. However, the Court does retain discretion to strike the enhancement in the interests of justice. CVC § 23582(c).
RECKLESS DRIVING VERSUS THE DUI RECKLESS SPEED ENHANCEMENT
Where the enhancement is based solely on a “reckless driving” allegation, speed alone is generally insufficient to prove the enhancement. People v. Thurston (1963) 212 Cal.App.2nd 713,714-715. See also, People v. Edwards (1976) 18 Cal.3rd 796 and People v. Yarborough (1998) 65 Cal.App.4th 1417 which can be used to argue improper dual use of facts.
ORANGE COUNTY DUI DEFENSE ATTORNEYS
If you were charged with a DUI Reckless Speed Enhancement - CVC-23582 in Orange County, California, contact Orange County DUI Defense Attorney Peter F. Iocona, Attorney at Law for a Free DUI Consultation and Case Evaluation regarding any legal and/or factual defenses that may exists as a result of a DUI Reckless Speed Enhancement - CVC-23582 in Orange County, California.