California Criminal Defense Attorney – Speed Enhancement
In California, a driver convicted of driving under the influence of alcohol can face additional sentence enhancing charges. Common causes for such sentencing enhancements are speeding, having children in the car, or causing an injury or traffic accident. If a driver is convicted of any of the above charges, the punishment for a DUI / DWI can be harsh. While one may want to enter a guilty plea and get the case over with, because of the staggering penalties that one may face it might be best to consult with a California criminal defense attorney to determine if you may be better off fighting the charges.
Sentencing enhancements for speeding may be added to the complaint for drunk driving cases where the police officer also cited the driver for driving 20 miles per hour above the speed limit on surface streets or 30 miles per hour above the speed limit on freeways.
When a driver is accused of speeding, the prosecutor may decide to add an additional charge of reckless driving. Still, it is important to remember that this is a criminal case and that a DUI / DWI lawyer will be able to fight any sentence enhancing charges. Just like the original DUI / DWI charge, speeding and reckless driving must be proved beyond a reasonable doubt.
The prosecutor must illustrate that the driver was acting willfully or wantonly driving in a dangerous manner without regard for others in order to prove reckless driving. The simple fact that the driver was speeding is not sufficient to convict a driver of reckless driving. However, if the prosecutor is able to prove speeding and reckless driving, the driver will face 60 days in jail. This jail sentence will be added to any other court punishment.
In some driving under the influence (DUI) or driving while intoxicated (DWI) cases where sentence enhancing charges are part of the complaint, the prosecutor may offer a plea bargain. The facts of each particular case will differ, but there are times when an experienced California DUI / DWI attorney might recommend accepting a negotiated plea in order to avoid the potential punishment that can result from a conviction on a sentence enhancing charge. If you are arrested for drunk driving, you may contact The Kavinoky Law Firm for a free evaluation and more information on your case.
