I have a DUI in San Fernando and pulled over for speeding

DUI with potential speeding enhancement

Question:  I have a DUI in San Fernando and pulled over for speeding.  Will I have an infraction traffic ticket as well?  It is not listed on my DUI citation.  It just has the charge which I researched and says it is for DUI.  Pulled over by CHP last week.

Answer: Based on your DUI arrest, the prosecutor will try to use speeding as the “probable cause” to pull you over in the first place, but it is unlikely that there will also be an infraction charge on top of the misdemeanor DUI charge in San Fernando Court.

If there was excessive speeding though (ie. 20 mph or more on residential road, 30mph or more on freeway), then you may be looking at an enhancement charge to your DUI charge under VC 23582.  The penalty for  this speeding enhancement to the DUI charge would be a mandatory 60 days jail if there is a conviction on it.  This would be in addition to any penalty based on the DUI charge itself.

Keep in mind they need to prove the underlying DUI charge before they can prove the enhancement.  And just because the officer claimed you were going fast enough to fall within the enhancement penalty, does not mean that they can prove so beyond a reasonable doubt.

Feel free to call me for a free consultation to discuss your case in more detail.  I have successfully got DUI charges and speeding enhancments dismissed for my clients.

Phil Hache,

Criminal Defense & DUI Attorney in San Fernando
Handling DUI and Criminal matters throughout Courts in Southern California including Van Nuys, CA, San Fernando, CA, Burbank, CA Glendale, CA Pasadena, CA Metropolitan Court, Bellflower, CA, Alhambra, CA, Malibu, CA, Compton, CA, Santa Clarita, CA, Airport Court, Chatsworth, CA Inglewood, CA, Los Angeles, CA and other Courts