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San Diego DUI Lawyer G. Cole Casey
AN EXCLUSIVE DRUNK DRIVING DEFENSE FIRM

Speeding in San Diego at 20 or More Miles per Hour Above the Speed Limit on the Street or 30 or More Miles per Hour Above the Speed Limit on the Freeway = Reckless Driving in San Diego Under CVC 23103.   Speeding in San Diego at 20 or more mph on the street or at 30 or more mph on freeway = Reckless Driving under California Vehicle Code Section 23103 while driving under the influence in San Diego results in mandatory additional and consecutive sixty (60) days in custody. The San Diego Court cannot strike this allegation via California Penal Code §1385. A finding under this section absent a determination that it is an unusual case where the interests of justice are served thereby California Vehicle Code § 23582(c).

California Vehicle Code §23582

San Diego Driving Under the Influence; Additional Penalty for Excessive Speed & Reckless Driving during Commission of San Diego DUI Offense

Any person who drives a vehicle in San Diego 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 San Diego County 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 San Diego DUI punishment prescribed for that person upon conviction of a violation of Section 23152 or 23153 in San Diego, be punished by an additional and consecutive term of 60 days in the San Diego County jail.

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 San Diego County jail, in addition and consecutive to any other sentence prescribed by this chapter.

On a first San Diego DUI conviction under this section, the court shall order the driver to participate in, and successfully complete, a San Diego 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 San Diego 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.

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 San Diego County 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 in San Diego while under the influence of alcohol, any drug, or both, or with a specified percentage of alcohol in the blood.

G. Cole Casey heads the top San Diego drunk driving defense law firm. As a well known San Diego DUI lawyer, his proven track record and DUI jury trial case results are unmatched and unprecedented by any other DUI attorney in the region.

Call us twenty four hours a day at  (619) 237-0384  or  Email Us  now to discuss a legitimate and effective defense strategy for your driving under the influence case.