Los Angeles Reckless Driver Lawyer Fighting Extra Charges In DUI Cases
California state law is cracking down on drunk driving cases more than ever, implementing sentence enhancements that can end up changing many defendant’s lives forever. Not to say that it’s not fair (as drunk drivers are a proven threat to others on the road), but this mistake can end up tarnishing your record for years upon years if you don’t have an experienced DUI attorney on your side.
Helping Those Accused of Reckless Driving In California
DUI charges can begin to rapidly increase, especially if you were arrested while recklessly driving, or speeding. Here at Braden & Tucci, our legal team strives to inform all of our clients (both new and potential clients) of what may happen in court without adequate representation. In this case, we’re going to go into more detail about reckless driving sentence enhancements and how these charges could potentially affect the litigation process.
What Is a Reckless Driving Enhancement and How Can It Affect My Case?
There are many types of DUI penalty enhancements, but this one in particular deals with the speed that the driver was going when drunk driving. Of course, when a driver is under the influence, they tend to drive all out of sorts, even significantly increasing their speed. This means that this sentence enhancement is especially pursued by prosecutors.
If a driver has sped more than 20 mph over the specified speed limit on a public road, they may face more punishments if convicted. Also, if the DUI driver sped more than 30mph over the speed limit on a freeway, they could face even more severe consequences.
How Speed Limits Affect a DUI Charge in L.A. County, CA
When you see a speed limit sign, the law considers this a “posted speed limit.” These signs can be seen anywhere from regular roadways, school zones, to highways. They are used to indicate the maximum speed for a specific area, so you can see how these signs would affect a DUI case with reckless driving penalty enhancements.
There are also “maximum” speed limits, which are implied speed limits when there are no visibly posted signs. Here are the “maximum” speed limits in California:
- 25 mph on a public street
- 55 mph on a two-lane highway
- 65 mph on any other highway
Of course, there are other maximum speed limits that apply to different locations, vehicles, and even drivers. Not to mention, California also has a “basic speeding law” that states that it is illegal to drive faster than is reasonably safe given the weather, road, and traffic conditions at the time. If your DUI arrest took place during a storm or other weather conditions, having a top DUI attorney can make all the difference during litigation.
What Consequences Follow a DUI Reckless Driving Penalty Enhancement?
If the prosecution is actually able to prove that you have recklessly driven while also being under the influence, you could potentially face up to 60 days in jail as the sentence enhancement’s punishment.
Even if the court grants probation or suspends the execution of the sentence, the DUI defendant would still be required to serve up to 60 days in their local county jail, plus whatever other sentence has been stated by the court.
But that is not all—the driver may also be ordered to attend and complete an alcohol and/or drug education and counseling program. These penalties are typically mandatory, meaning that they shall not be waived under any circumstances unless, of course, the interests of justice would be served.
How Can An Award-Winning DUI Attorney Help Fight Your Case, Even with a Reckless Driving Sentence Enhancement?
As mentioned above, most overzealous prosecutors will automatically propose a reckless driving penalty enhancement with most DUI cases. Before you get overwhelmed by the many charges that prosecutors may try to stack up against you, it’s important to consult a proficient DUI attorney that’s familiar with California state laws, especially laws dealing with the roadways.
A reputable legal team that has experience with DUI cases (like Attorneys Vincent John Tucci and Sonia J. Tucci) will know that in order to defend against a reckless driving enhancement, their client will need to take the position that one or more of these necessary elements are missing from the prosecutor’s case:
- The defendant was not intoxicated.
- The defendant was not driving 20 to 30 mph above the speed limit (posted or maximum).
- The defendant was not driving recklessly.
There is a silver lining to these types of cases: the defendant does not have to prove these elements, rather the burden of proving these elements in court lie upon the prosecution. And all three of these elements must be present!
If you’re looking for an aggressive defense against you or a loved one’s current DUI case, don’t hesitate to reach out to our friendly office team to schedule a consultation. Not only would our DUI defense attorneys look forward to meeting you, but our office will also have the opportunity to learn the details of your case and offer a strong plan of action to apply to litigation. Contact us today at (213) 935-7550!