Definition
DUI & Additional
Penalty for Speeding and Reckless Driving
under California Penal Code Section 23582, essentially increases the
penalties for a typical DUI charge.
This is the result of aggravated
factors such as speeding or being reckless while driving. See penalties and
elaborations below.
Elements of the Crime
In order to take a DUI &
Additional Penalty for Speeding and Reckless Driving CVC 23582 case to trial, certain elements of
the crime will have to be proven. These include:
·
That the
defendant was drinking and driving
·
That the
defendant was operating a vehicle in a reckless manner
·
That the
defendant was speeding above the State regulated speed limit
Other key notes that the
prosecution will examine is whether the driver was driving on a highway, in
which case the driver would have to be exceeding 20 MPH over the speed limit to
be found guilty of this crime. If it’s on any other roadway, the prosecution
will have to prove that the driver were travelling at 30 MPH over the speed
limit.
Sentencing for California Vehicle Code 23582
When found guilty of DUI
& Additional Penalty for Speeding and Reckless Driving , sentencing for
regular DUI is enhanced by up to sixty additional days in the county jail. DUI
charges without aggravating factors include:
·
Up to
six months in jail
·
Fines
of up to $1,000
·
Informal
probation between 3-5 years
·
License
suspension
·
DUI
school
Legal Defenses for California
Vehicle Code 23582
A good criminal defense attorney is able to present strong defenses for DUI & Additional Penalty for Speeding and
Reckless Driving cases under California
Vehicle Code 23582. Some defenses include examining the case for evidence of
speeding – like skid marks while pulling to a stop, whether the defendant was
in fact intoxicated and more.
To prove your innocence or get the best outcome
for your case, MacGregor and Collins has
successfully defended numerous DUI &
Additional Penalty for Speeding and Reckless Driving cases. Call (949)
250-6097 to speak to a DUI lawyer today.
Learn more about other California
Section Penal Codes here.
