800.943.8310      |      info@mironerlaw.com      |      Available 24 hours a day
They were very patient and knowledgeable always making time to answer my questions. Mr. Mironer's professionalism and knowledge of the law was without parallel. He is serious-minded and will do whatever it takes to prevail honestly and in a human manner.
ABOUT      |      DUI      |      DRUGS      |      POST-CONVICTION      |      REVIEWS      |      ARTICLES      |      RESOURCES      |      CONTACT

 

What To Do After a DUI

Understanding DUI Charges

First Offense DUI

Second Offense DUI

Third Offense DUI

Fourth Offense DUI

Felony DUI

DUI Drugs (DUID)

Marijuana DUI

DUI Probation Violation

DUI Related Offenses

DUI Reduced Offenses

DUI Alcohol Programs

California Vehicle Code 23152(a)

California Vehicle Code 23152(b)

Appeal a Bad DMV Decision

Field Sobriety Tests

Enhancements for DUI

Los Angeles County Courts

Ventura County Courts

 

HAVE QUESTIONS?
SUBMIT INQUIRY BELOW

 

ENHANCEMENTS FOR DUI

Speed Enhancement- California Vehicle Code ß23582

Sentencing enhancements, such as a speed enhancement, are usually charged by prosecutors in DUI cases where the police reports show some supporting evidence. These enhancements substantially increase the potential consequences that you may face. Unfortunately, this is becoming a commonly used tactical maneuver by the prosecutor. They allege an enhancement in every DUI case where the subject is allegedly driving 20 mph over the limit on the street, or 30 mph over the limit on the freeway, regardless of whether they can prove the enhancement beyond a reasonable doubt. The prosecutors do this to persuade you into taking a plea bargain to plead guilty/no contest to the DUI, and they will strike (eliminate) the enhancement allegation which carries a 60 day mandatory minimum jail sentence.

This may seem tempting to an attorney that doesnít handle many DUI cases, and the rest of the facts or the law may not even matter to them. Thatís why itís important to hire a DUI attorney that knows the law and knows how to fight an enhancement allegation. These allegations must be proven beyond a reasonable doubt, as well as the underlying criminal charge. A DUI attorney from The Law Office of Ben Mironer knows the various difficulties that a prosecutor actually has in proving all of the elements of a speed enhancement allegation and DUI, in trial.

First, a prosecutor must prove that you are guilty of committing the underlying offense. This is a prerequisite before you can get to the speed enhancement. If the prosecutor canít prove the DUI beyond a reasonable doubt, then this speed enhancement canít apply.

Next, the alleged speed must exceed 30 mph over the posted speed limit on the freeway (sometimes not posted), or 20 mph over the posted speed limit on the street (sometimes not posted). The default prima facie speed limit that applies is 65 mph on the freeway, and 25 on most public streets (when not posted).

A DUI attorney from The Law Office of Ben Mironer knows this issue is actually very technical, given that most officers establish the speed, in a DUI stop, based on a visual observation or a bumper pace. It is very rare that a DUI arrest is predicated by a stop for speeding based on a laser or radar detection. This is a key when a prosecutor must prove the enhancement beyond a reasonable doubt. A DUI attorney from our office knows how to effectively negotiate with a prosecutor, or cross-examine a police officer to show weaknesses in their evidence.

Another critical element the prosecutor must prove is that your driving was done in a reckless manner. Under California Vehicle Code ß23103, reckless driving is described as driving ďin willful or wanton disregard for the safety of persons or property.Ē Driving under the influence and speeding canít be considered reckless driving, if thatís all there is. There must be something that shows reckless driving. An experienced DUI attorney that has litigated trials knows that you must look at the jury instructions in order to understand the law.

Jury Instruction- CALCRIM 2200 states, ďA person acts with wanton disregard for safety when (1) he or she is aware that his or her actions present a substantial and unjustifiable risk of harm, and (2) he or she intentionally ignores that risk. The person does not, however, have to intend to cause damage.Ē

An attorney at The Law Office of Ben Mironer can truly impact your case if youíre charged with a speed enhancement. We know how to challenge these allegations because the standards set forth in the law make it very difficult for a prosecutor to prove beyond a reasonable doubt. In order to be guilty of this allegation, an individual must not only be DUI, and exceeding the speed limit by 20 or 30 mph, but also must be intentionally maneuvering the vehicle in such a way as to cause a substantial and unjustifiable risk of harm.

If you see that youíve been charged with a speed enhancement, a skilled DUI attorney at The Law Office of Ben Mironer will ensure that you do not need to feel threatened or discouraged. We know how to challenge these allegations and get them stricken, without being forced to plead guilty to a DUI. We donít just take deals without fully investigating your case and all of our possible defenses. Our main goal is not to just get your speed enhancement stricken, itís to get your DUI dismissed.

 

                     
Copyright © 2015 The Law Office of Ben Mironer     |     6303 Owensmouth Avenue, 10th floor, Woodland Hills, California 91367     |     Bar# 256474     |     Sitemap
Serving the San Fernando Valley, Los Angeles, Ventura and Santa Barbara Counties