We all blunder, but some mistakes can be severe and costlier than others. An arrest for violating California Vehicle Code 23582 carries significant consequences, and a lot can go wrong even if it’s your first infraction. With this in mind, you’re possibly looking for the available legal options to lessen the possible consequences.
You need someone who understands the state’s legal system and VC 23582 laws to guide you through the process. An experienced attorney will not only protect your rights but will create a solid defense to get rid of the possible DUI speed enhancements.
A Look Into California’s DUI Speed Enhancements
California’s VC 23582 laws define how the court applies sentencing enhancements to certain DUI offenses. These cases can be very complicated, and several aggravating factors of the violation can subject you to a DUI sentencing enhancement.
The defendant must have committed the following violations:
Driving Under the Influence
The court is likely to subject you to a DUI speed enhancement penalty if you were guilty of driving while intoxicated. The specific charges that qualify as VC 23582 violations include:
- Driving while alcohol-intoxicated – California VC Section 23582 (a)
- Exceeding the standard blood alcohol content of 0.08% while driving – California VC Section 23582 (b)
- DUI causing bodily harm – California VC Section 23153
Driving Beyond the Maximum Posted Speed Limit
You may also face a sentencing enhancement if driving while intoxicated and exceeding the posted speed limit. This additional charge results from:
- Exceeding the posted speed threshold by 30 mph (miles per hour) on a freeway
- Exceeding the speed limit posted on streets and other highways by 20 mph
Operating the Vehicle Recklessly
Reckless driving constitutes a VC 23582 violation in California (VC Section 23103). The offense isn’t just making an unsafe lane change once or speeding.
Your conduct must have shown that you understood that your actions presented unjustifiable and substantial harm, and you intentionally ignored the risk. It doesn’t matter if you didn’t intend to cause damage or injury.
Possible Penalties for CA Vehicle Code 23582 Violations
If the prosecutor proves that you violated the above Vehicle Code 23582 elements, you face an additional 60-day jail sentence for driving recklessly beyond the speed limits while under the influence.
If the court suspends the sentence execution or grants probation, the defendant must serve a 60-day county jail sentence alongside any other imposed sentence. First VC 23582 offenders are ordered to attend and complete a drug and alcohol counseling and education program.
All these penalties are obligatory, and the court can only waive them in unique cases to serve the interests of justice.
The Importance of an Experienced Vehicle Code 23582 Attorney
You know how severe the penalties can be if you were arrested for a VC 23582 violation. Without proper legal representation, it’s easy to make a costly mistake or be convinced to accept a plea bargain that won’t give you a favorable outcome. The best available option is to speak with a reputable California VC 23582 attorney.
Here’s how you’ll benefit from reliable and proper legal guidance:
- Save cash – The hefty legal fees may discourage you from hiring a DUI attorney. However, this move can be the best decision as lawyers will efficiently help you navigate the legal system. They’ll reduce the time you spend in court and shorten your trial, saving you money in the long run.
- Pursue the best course of action – Experienced VC 23582 attorneys possess a thorough understanding of such cases and will know your chances of facing sentence enhancement. They’ll leverage this knowledge to guide you on the most appropriate course of action for the best outcome.
- A reduced sentence – Reputable DUI attorneys in California understand the current standards, regulations, precedents, and laws. This knowledge is sufficient to build a strong defense that could lighten the sentence or sometimes dismiss the charges.
- Peace of mind – Knowing that a seasoned professional who profoundly understands the legal system is handling your DUI case will give you peace of mind. Considering how stressful such cases can get, this peace of mind will undoubtedly be worth every dime.
- Recover your license – While most DUI charges could lead to a license suspension or revocation, a VC 23582 lawyer will advocate for you to recover your license and regain the vital component of your freedom.
Legal Defenses for DUI Speed Enhancements
The best defense against a sentencing enhancement is to take the stance that a crucial element (or more) is missing from the case. Specifically, your attorney will argue that:
You Weren’t in Control of the Vehicle Under the Influence
You wouldn’t face VC 23582 penalties if you weren’t driving while intoxicated. Your attorney will argue against any chemical testing results indicating your blood alcohol content during your arrest. If successful, the court could throw out your charges.
You Weren’t Driving Recklessly
Reckless driving is a crucial element of VC 23582 speed enhancement charges. You can avoid the possible penalties if you prove that you weren’t driving recklessly to endanger others.
You Didn’t Exceed the Posted Speed Limit
The sentencing enhancements only apply if you exceed the 20 or 30 mph speed limits on the highway or freeway, respectively. You shouldn’t face additional penalties for a DUI offense if you were ten miles above the posted thresholds.
Besides the above leading defenses, your attorney will also gather sufficient evidence and use their experience and networks to fight for you. So make sure you reach out for legal assistance immediately.
An Experienced VC 23582 Attorney Is Ready to Help You
It’s easy to face additional penalties if you’re facing a CA Vehicle Code 23582 speed enhancement accusation if you don’t have reliable legal guidance by your seed. While most attorneys in California will promise to fight for your plight, only a few can match our track record.
Our experienced DUI speed enhancement attorney is ready to listen to you, gather sufficient facts, and build a strong defense. What’s more, we’ll evaluate your case for free, and our charges are fair.
Our phone lines are open 24/7, so don’t hesitate to contact us.
