According to California law, you can receive additional charges if you are driving faster than the posted speed limit by 20 miles per hour. If you are on a highway, you may face 60 days in jail or more if you are driving 30 miles per hour over the posted speed limit. For DUI cases that involve speeding, the speed enhancement does not include a mandatory charge. A prosecutor must prove that you were speeding while you were intoxicated and that you knew that your actions could possibly cause an injury to someone.
If you are arrested with a blood-alcohol content that is over 0.08 percent and were driving 20 to 30 miles per hour over the speed limit, the prosecutor may …show more content…
- You were driving recklessly.
What Does It Mean to Drive Recklessly?
Reckless driving has a subjective component to it, which can make it easier to defend against. A police officer may say that you were driving recklessly if you were swerving your vehicle in a way that made another driver believe that you were intentionally trying to crash into their vehicle. Reckless driving also includes intentionally driving into oncoming traffic to make the oncoming vehicle play chicken. A police officer may say that you were driving recklessly if you pressed on your brakes intentionally after you pass someone on the freeway.
Commonly Asked Questions About Speed Enhancements
1. What Do I Do If I Do Not Believe That There Is Evidence to Prove Speed Enhancement Charges?
In some cases, it may not be clear that you are actually guilty of speed enhancement charges. Your DUI lawyer will work with you to determine if the speed enhancement charges apply to your case. If the police officer did not use a radar gun to track your speed, you may be able to fight the charges. The state must have evidence that you were guilty of speeding. If they cannot do so, then you cannot be convicted with a speed