Additional Penalties and Sanctions
Cal. VEH § 23582
California Statutes
(
a) Any person who drives a vehicle or more miles per hour over the maximum, prima facie, or posted speed limit on a freeway, or 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 during the commission of a violation of
Section or shall, in addition to the punishment prescribed for that person upon conviction of a violation of
Section or 23153, be punished by an additional and consecutive term of 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 days in the county jail, in addition and consecutive to any other sentence prescribed by this chapter. (
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 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 and driving the vehicle or more miles per hour over the maximum, prima facie, or posted speed limit on a freeway, or 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.