Everyone knows that excessive speeding and drunk driving are both crimes, but did you know that when done together the penalties for the crimes are greater than the individual sentences put together? Of course, this doesn’t apply to all forms of speeding. If you are only going five miles over the speed limit when pulled over for a DUI, the officer will often avoid citing you for speeding. Even if he does give you a ticket for minor speeding though, it will be the same as any other speeding ticket.
On the other hand, if you were driving more than 30 miles per hour above the speed limit on the freeway or more than 20 miles per hour above the speed limit on a public street, then you could face a sentence enhancement for excessive speeding while intoxicated. This additional penalty is a minimum 60 day jail sentence and a mandatory alcohol/drug education program being added to any penalties you are sentenced to for the DUI. This crime requires the expertise of highly experienced DUI lawyers. Vista courts take these crimes very seriously, so do not wait to call a legal representative as soon as possible.
Fortunately, the prosecution must prove that you were not only excessively speeding and driving while intoxicated, they also must show that you were driving recklessly. This is a particularly high standard to prove as the prosecution must be able to show that you were driving with a conscious disregard for the safety of other persons or property. When you work with a skilled Vista DUI lawyer like Peter M. Liss, your defense will show that unless you knew your conduct was likely to injure someone, that you should not be subject to the excessive speeding enhancement.
Common acts that qualify as reckless driving include almost hitting pedestrians or other vehicles, weaving in and out of traffic at a high rate of speed and running stop signs and red lights. While some drivers do engage in these behaviors, it is rare for the prosecution to be able to prove that someone did so while drunk and excessively speeding. If they cannot show that you did all three together, your Vista DUI attorney will show that you cannot be convicted for excessive speeding while intoxicated.
Even if you were doing all three activities, your defense lawyer may be able to negotiate a plea bargain that will enable you to avoid this sentencing enhancement.
If you have any questions about excessive speeding while driving drunk, please call Peter M. Liss at (760) 643-4050 to schedule your free initial consultation.
Creative Commons Image by Ana Patricia Almeida