Were you arrested for a DUI as well as speeding and/or reckless driving? The combination of driving while under the influence with reckless driving can result in severe penalties. Without proper legal guidance, you may make costly mistakes or be pressured into accepting a plea bargain that is not the best option you have available. Regardless of whether you are ready to hire an attorney, contact our DUI lawyers for a free case evaluation. You may receive information that will keep you and yours out of further trouble.
What is California Vehicle Code 23582?
California vehicle code 23582 defines how sentencing enhancements are applied to certain types of DUI violations. The DUI process can be very complex, and there are specific aggravating factors of DUI that will subject offenders to sentencing enhancement.
In order to prosecute for California Vehicle Code 23582, the state has the burden to prove you were guilty of either:
- violated CVC 23152, or CVC 23153
- operated a vehicle in a negligent manner
- drove at 20-30 miles above the speed limit
All of the above three conditions would need to be met in order for the sentencing enhancement to apply. In addition, the following are noted in this vehicle code:
- Exceeding the 20 MPH speed limit applies to driving drunk and recklessly on a freeway
- Exceeding the 30 MPH speed limit applies to driving drunk and recklessly on a public streets
The following could be considered an example of a VC 23582 violation:
Jim was at a party with his girlfriend. Jim and his girlfriend were drinking heavily when they got into a heated argument. Jim broke up with his girlfriend, hopped in his car, and sped off. Being upset and highly intoxicated, Jim unknowingly begins going 35 mph over the speed limit while he drives home. A police officer spots him, pulls him over, and arrests jim in violation of VC 2352.
Penalties for Sentencing Enhancements
The following sentencing enhancement applies to a CVC 23152 conviction:
- At least 60 additional days in jail
If you are facing Additional Penalties for Speeding and Reckless Driving with a DUI, the Orange County criminal defense attorneys at MacGregor & Collins can help you. They can provide you with a free DUI case evaluation to help you better understand your charges as well as your options moving forward.
Where you on PCP when arrested? Take a look at our PCP DUI page for more info.