Vehicle Code 23582 adds a mandatory, consecutive jail enhancement when a person commits a DUI while also driving 30 miles per hour or more over the limit on a freeway, or 20 miles per hour or more over the limit on other roads, in a manner that is reckless.
What it adds
The enhancement adds 60 days in county jail, served consecutively to the sentence for the underlying DUI. The statute is written so that the additional time is mandatory once the speed-and-recklessness finding is made, which is why defeating the finding itself is the goal.
What the prosecution must prove
The enhancement requires two things beyond the DUI: the specific excessive speed, and that the driving was reckless, meaning a willful or wanton disregard for safety. Speed alone is not enough; the recklessness element must also be proven. The speed measurement, the basis for it, and whether the driving truly rises to reckless are all contestable.
Where to start
The enhancement can substantially increase custody exposure, so it needs to be addressed directly. Get a free written case analysis below or call me directly. See also reckless driving (VC 23103) and the maximum speed law (VC 22349).