San Diego Excessive Speed DUI Lawyer
California Vehicle Code section 23582 states:
- 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.
What Does This Actually mean?
In order to convict you of the excessive speed allegation, the prosecutor must prove the following:
- You were driving under the influence or alcohol or drugs;
- You drove 20 to 30 miles per hour over the speed limit; AND
- Drove in a reckless manner.
Driving 20 to 30 MPH
Whether 20 or 30 MPH over the speed limit applies, depends on where you were speeding. If you were driving on a public street, then 20 MPH over the limit applies. If you were driving on a freeway, then 30 MPH over the limit applies.
How is over the speed limit determined? The court will look to three things: (1) the posted speed limit, (2) the maximum speed limit, and (3) the prima facie speed limit. First, the posted speed limit is straightforward as it is the posted maximum speed for that area. Second, the maximum speed limit depends on the driver and the vehicle because certain vehicles have lower maximum speed limits. Third, prima facie speed limit is 65 MPH for a freeway and 25 MPH on a public street.
You drive recklessly when you willfully and wantonly disregard the safety or other people and property. You act with wanton disregard for safety when you are aware your actions present a substantial and unjustifiable risk of harm, and you intentionally ignore that risk.
If the court upholds the excessive speed enhancement, then could be subjected to the following penalties in addition to any penalties the court imposes for your DUI:
- Mandatory 60 days in jail
I was not drunk. Can I be charged with DUI for smoking marijuana or taking prescription medications?If you were arrested for DUI but didn’t have alcohol in your system, you can still be charged with DUI. There are a number different charges associated with misdemeanor and felony DUI. You can be charged with an (f) count if you consumed any intoxicating drugs, regardless of whether they are illegal or prescription. But, if you were under the influence of both alcohol and drugs, then you can be charged with an (e) count for driving under the influence of drugs and alcohol.
Aren’t the police supposed to read me my Miranda rights?It seems like common sense that an officer must read you your Miranda rights. Although this is true in a situation where you are being interrogated, for purposes of DUI, you don’t have that same right. Many times an officer will ask you questions prior to administering field sobriety tests and placing you under arrest. These questions have been classified as “pre-investigatory” questions and are not subject to Miranda. Therefore, it is important you speak with an experience DUI Defense Firm to know whether or not the failure to read you your rights will affect your case.
I was involved in an accident and someone was injured. Will I be charged with a Felony?Maybe. You can be charged with Felony DUI whenever anyone other than yourself is injured. Even if the injuries were to a friend and their injuries are minor, you can still be charged with a felony. Penalties for a Felony DUI can be severe because your can face time in prison.