VC 22349 – Maximum Speed Law
In California, driving under the influence (DUI) is a serious offense, and when combined with other traffic violations, it can lead to severe consequences. One such violation that often accompanies a DUI charge is speeding, which is governed by California Vehicle Code (VC) § 22349. This article will present the exact text of VC 22349 and then provide an overview of how this speeding statute intersects with DUI charges, influencing the severity of penalties and the overall outcome of the case.
Legal Language of Vehicle Code 22349
California Vehicle Code § 22349:
(a) Except as provided in Section 22356, no person may drive a vehicle upon a highway at a speed greater than 65 miles per hour.
(b) Notwithstanding any other provision of law, no person may drive a vehicle upon a two-lane, undivided highway at a speed greater than 55 miles per hour unless that highway, or portion thereof, has been posted for a higher speed by the Department of Transportation or appropriate local agency upon the basis of an engineering and traffic survey.
(c) It is the intent of the Legislature that there be reasonable and proper speed limits on all highways of the state and that they be enforced by the appropriate law enforcement agencies.
Overview of VC 22349 in the Context of DUI
Speeding and DUI: A Dangerous Combination
Speeding is a common factor in many DUI cases, as impaired drivers may have a reduced ability to judge speed and distance, leading them to drive at unsafe speeds. When a driver is pulled over for suspicion of DUI, an accompanying speeding violation under VC 22349 can significantly affect the case. The presence of a speeding charge can be used by prosecutors to demonstrate that the driver was operating the vehicle in a particularly dangerous manner, which may lead to harsher penalties.
Impact on DUI Sentencing
When a DUI case involves speeding, especially at excessive speeds (e.g., 20-30 mph over the limit), the judge may consider this an aggravating factor during sentencing. Aggravating factors can lead to increased fines, longer jail sentences, and additional penalties such as mandatory attendance in a more intensive DUI education program. In cases where the speeding is extreme, the court may also impose enhanced penalties such as longer license suspension periods.
Defending Against VC 22349 and DUI Charges
In defending against charges under VC 22349 in conjunction with a DUI, an attorney might challenge the accuracy of the speed measurement, the validity of the traffic stop, or the procedures followed during the DUI arrest. For example, if the speed was measured using a radar gun, the defense might question whether the device was properly calibrated or whether the officer was trained in its use. Additionally, the defense could argue that the speeding was not related to the DUI, potentially seeking to separate the two charges to mitigate the overall penalties.
The Role of VC 22349 in Plea Bargains
In some DUI cases, defense attorneys may negotiate a plea bargain where the DUI charge is reduced or dismissed in exchange for a guilty plea to the speeding violation under VC 22349. This strategy may be particularly useful in cases where the evidence of DUI is weak, but the evidence of speeding is strong. By accepting a speeding conviction, the defendant might avoid the more severe consequences of a DUI conviction, such as a criminal record or a lengthy license suspension.
Conclusion
California Vehicle Code 22349 is a critical statute that addresses speeding violations, and when combined with a DUI charge, it can lead to significant legal consequences. Understanding the implications of VC 22349 in the context of DUI is essential for both defense attorneys and individuals facing these charges. By carefully examining the details of both the speeding violation and the DUI charge, an effective defense strategy can be developed to minimize the impact on the defendant’s life.
Whether you are dealing with a speeding ticket alone or a more complex case involving DUI, it is crucial to seek the advice of an experienced attorney who understands the nuances of California traffic and criminal law. This knowledge can make all the difference in achieving a favorable outcome.