Recently, Matthew was able to successfully resolve a .21 BAC DUI case where the client was speeding at 109 mph in a black Dodge Charger on Interstate 5 in Orange County California. The client had prior convictions for reckless driving and DUI that were over 10 years old.
☎️ Arrested? Call Matt at 310-686-1533
What is a DUI Speed Enhancement? A speed enhancement in a dui case can be a very serious thing. If convicted, a person who was speeding over 100 mph while under the influence is required to spend a minimum mandatory 60 days in jail. This statute is codified in California Vehicle Code 23582(a).
What the law actually says is that if you are driving more than 30 mph over the posted speed limit on the freeway, or more than 20 mph over the speed limit on a city street at a time when you are either under the influence or above .08 BAC, you can be charged with the enhancement. In addition to the speed, the law requires the prosecution prove the driving was in a manner described in VC23103, which is reckless driving.
It is this last provision in the statute that many attorneys overlook. The driving must be considered “reckless” notwithstanding the speed. This means that the officer must observe driving that demonstrates a willful and wanton disregard for life or property, putting the safety of the public at substantial risk. It has been said that a person acts with wanton disregard for safety when (1) he or she is aware that his or her actions present a substantial and unjustifiable risk of harm, and (2) he or she intentionally ignores that risk. “The person does not, however, have to intend to cause damage”. (See CalCrim 2200)
Reckless driving can be shown by passing other cars in a dangerous manner, weaving in and out of traffic, cutting off other drivers and other conduct that demonstrates a disregard for the safety of other motorists and an intentional or conscious disregard for the safety of persons or property.
☎️ Arrested? Call Matt at 310-686-1533
Simply put, speeding alone cannot be the basis for a VC 23582(a) enhancement. It is for this reason Matthew was able to get the special enhancement dismissed in the case at hand. You see, the CHP officer did not make any observations of erratic or dangerous driving other than the excessive speed. A copy of the relevant page of the police officer’s redacted report is shown below:
What about the .21 blood alcohol results in the case? Well, the results were high, that’s for sure but the level of impairment does not factor into the speed enhancement analysis, unless it is manifested in the manner of driving. Put another way, even if the driver is very drunk, as long as the manner of driving does not rise to a level of recklessness, it is not pertinent to proving the speed enhancement.
Interestingly, Huntington Beach DUI Attorney Matthew Ruff was able to get the .20 BAC enhancement dropped as well using well crafted negotiation techniques. (The client did not have to plead to the driving over 100 mph VC 22348b charge either, interestingly this charge is punishable by a mandatory 30 day license suspension and a huge fine.)
In the end, the client walked away with no jail time, informal probation, a 3 month alcohol class and other de minimis terms.
Matthew Ruff is a Torrance Criminal Defense Attorney with 30 years experience fighting and winning complex DUI cases for clients throughout California.
Arrested for DUI? ☎️ Call Matt at 310-686-1533
