Speeding and DUI
We all speed occasionally whether we have been drinking or not. For this reason, speeding is not an indicator of impairment. On the contrary, slow speed is more an indicator of potential impairment, than excessive speed. However, speeding can result in greater penalties in circumstances where a driver is also impaired by alcohol or drugs. It is potentially dangerous to drive over the speed limit if your ability to react to driving conditions is slowed by alcohol.
California Vehicle Code Section 23582 adds a sixty day consecutive jail sentence to the usual drunk driving penalties where it is proved that the defndant drove recklessly and either drove 30mph over the limit on a freeway or 20mph over the speed limit on other highways.
If you are facing this allegation, you need to consult with a DUI Defense Lawyer with the knowledge of how to avoid the significant penalty attached to it. If DUI charges are dismissed or reduced, the enhancement becomes irrelevant. If there is no way to avoid a conviction for DUI, the Court needs to be convinced that the enhancement is unfounded or unfair.
The manner in which the arresting officer estimates speed is important. If a visual estimate is made, this is often unreliable. In addition, the Court must establish evidence of reckless driving independant of drunk driving and speeding.
DUI Defense Attorney's Gold & Witham have been successfull in avoiding the jail time associated with the "speed enhancement" on almost every occasion it has been charged against their clients. If you face this problem, call them at (800) 716-6791 for a free consultation.