(a) Any person who drives a vehicle 30 or more miles per hour over the maximum, prima
facie, or posted speed limit on a freeway, or 20 or more miles per hour over the maximum,
prima facie, or posted speed limit on any other street or highway, and in a manner
prohibited by Section 23103 during the commission of a violation of Section 23152 or 23153 shall, in addition to the punishment prescribed for that person upon conviction of
a violation of Section 23152 or 23153, be punished by an additional and consecutive term of 60 days in the county jail.
(b) If the court grants probation or suspends the execution of sentence, it shall
require as a condition of probation or suspension that the defendant serve 60 days
in the county jail, in addition and consecutive to any other sentence prescribed by
(c) On a first conviction under this section, the court shall order the driver to
participate in, and successfully complete, an alcohol or drug education and counseling
program, or both an alcohol and a drug education and counseling program. Except in unusual cases where the interests of justice would be served, a finding
making this section applicable to a defendant shall not be stricken pursuant to Section 1385 of the Penal Code or any other provision of law. If the court decides not to impose the additional and consecutive term, it shall
specify on the court record the reasons for that order.
(d) The additional term provided in this section shall not be imposed unless the facts
of driving in a manner prohibited by Section 23103 and driving the vehicle 30 or more miles per hour over the maximum, prima facie,
or posted speed limit on a freeway, or 20 or more miles per hour over the maximum,
prima facie, or posted speed limit on any other street or highway, are charged in
the accusatory pleading and admitted or found to be true by the trier of fact. A finding of driving in that manner shall be based on facts in addition to the fact
that the defendant was driving while under the influence of alcohol, any drug, or
both, or with a specified percentage of alcohol in the blood.
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature or via Westlaw before relying on it for your legal needs.
Was this helpful?
Response sent, thank you
Welcome to FindLaw's Cases & Codes
A free source of state and federal court opinions, state laws, and the United States Code. For more information about the legal concepts addressed by these cases and statutes, visit FindLaw's Learn About the Law.