California DUI & Speed Enhancement Penalties
Being charged with DUI is enough.... learning that a speed enhancement penalties threaten an additional 60-day jail term can make things overwhelming.
California DUI speed enhancement penalties are meant to be reserved for only the most egregious cases of excessive speeding while DUI. It requires a prosecutor must prove that a DUI driver (a) exceeded the speed limit by 20 - 30 mph and (b) drove in a reckless manner likely to injure another person.
In the experience of our Los Angeles DUI Lawyers, however, law enforcement may try to slap this punishment on top of a DUI whether the defendant's driving merits it or not. That is, if the officer "feels" like a driver was speeding or doesn't like the way he or she was driving, the officer may include a citation for California DUI speed enhancement penalties without fully considering the legal requirements.
In many cases, this has allowed us to challenge this extra DUI punishment. In particular, arresting officers can fail to document the necessary speed information or provide any effective description of reckless driving.
An experienced attorney will always challenge the officer's memory in these cases, as well as any reliance on speed detection devices. And when the officer cannot substantiate the allegation, the extra punishment cannot be imposed.
Our Los Angeles DUI Lawyers know how to do both when defending you from California DUI speed enhancement penalties.