BOB OLN VLN LAW ENFORCEMENT AGENCY EFFECTING ARREST: CHP SANTA FE SPRINGS STATION

Transcription

1 IN THE MUNICIPAL COURT OF CITRUS JUDICIAL DISTRICT. COUNTY OF LOS ANGELES. STATE OF CALIFORNIA NO. 93M10221 PAGE NO. 1 THE PEOPLE OF THE STATE OF CALIFORNIA VS, CURRENT DATE DEFENDANT 01: TOMMY DEE THOMPSON BOB OLN VLN LAW ENFORCEMENT AGENCY EFFECTING ARREST: CHP SANTA FE SPRINGS STATION BAIL: APPEARANCE AMOUNT DATE RECEIPT OR SURETY COMPANY REGISTER DATE OF BAIL POSTED BOND NO. NUMBER CASE FILED ON 08/02/93. COMPLAINT FILED. DECLARED OR SWORN TO CHARGING DEFENDANT WITH HAVING COMMITTED. ON OR ABOUT 07/15/93 IN THE COUNTY OF LOS ANGELES, THE FOLLOWING OFFENSE(S) OF: COUNT 01: 23152(A) VC MISD - UND INFLNCE ALCHL/DRUG IN VEH. COUNT 02: 23152(B) VC MISD -.08% MORE WGHT ALCHL DRIVE VEH. 08/05/ AM ARRAIGNMENT DIST CITRUS DIV 004 ON 08/05/93 AT 830 AM IN CITRUS DIV 004 CASE CALLED FOR ARRAIGNMENT PARTIES: COMR HAROLD MULVILLE (JUDGE) NANCY BECKLEY (CLERK) PAMELA BUNCH (REP) PAUL MINNETIAN (DA) DEFENDANT STATES HIS/HER TRUE NAME AS CHARGED. THE COMPLAINT READ TO THE DEFENDANT, A COPY OF THE COMPLAINT AND THE ARREST REPORT GIVEN TO DEFENDANT. DEFENDANT PLEADS NOT GUILTY TO COUNT (A) VC - UND INFLNCE ALCHL/DRUG IN VEH. DEFENDANT PLEADS NOT GUILTY TO COUNT (B) VC -.08% MORE WGHT ALCHL DRIVE VEH. DEFENDANT WILL RETAIN OWN COUNSEL LAST DAY FOR TRIAL 09/20/93 UPON MOTION OF DEFENDANT 09/01/ AM PRETRIAL HEARING DIST CITRUS DIV 004 NEXT SCHEDULED EVENT 2: 09/10/ AM JURY TRIAL DIST CITRUS DIV 004 CUSTODY STATUS: RELEASED ON OWN RECOGNIZANCE ON 09/01/93 AT 830 AM IN CITRUS DIV 004 CASE CALLED FOR PRETRIAL HEARING PARTIES: COMR HAROLD MULVILLE (JUDGE) NANCY BECKLEY (CLERK) PAMELA BUNCH (REP) PAUL MINNETIAN (DA) DEFENDANT IS PRESENT IN COURT. AND NOT REPRESENTED BY COUNSEL DEFENDANT PERSONALLY WAIVES RIGHT TO COUNSEL. APPEARING IN PROPRIA PERSONA. DEFENDANT ADVISED OF AND PERSONALLY AND EXPLICITLY WAIVES THE FOLLOWING RIGHTS: WRITTEN ADVISEMENT OF RIGHTS AND WAIVERS FILED. INCORPORATED BY REFERENCE HEREIN REPRESENTATION BY COUNSEL; TRIAL BY JURY CONFRONTATION AND CROSS-EXAMINATION OF WITNESSES; SUBPOENA OF WITNESSES INTO COURT TO TESTIFY IN YOUR DEFENSE;

2 CASE NO. 93M10221 PAGE NO. 2 DEF NO. 01 DATE PRINTED 08/10/01 AGAINST SELF-INCRIMINATION: DEFENDANT ADVISED OF THE FOLLOWING: THE NATURE OF THE CHARGES AGAINST HIM, THE ELEMENTS OF THE OFFENSE IN THE COMPLAINT, AND POSSIBLE DEFENSES TO SUCH CHARGES; THE POSSIBLE CONSEQUENCES OF A PLEA OF GUILTY OR NOLO CONTENDERE, INCLUDING THE MAXIMUM PENALTY AND ADMINISTRATIVE SANCTIONS AND THE POSSIBLE LEGAL EFFECTS AND MAXIMUM PENALTIES INCIDENT TO SUBSEQUENT CONVICTIONS FOR THE SAME OR SIMILAR OFFENSES; IF YOU ARE NOT A CITIZEN, YOU ARE HEREBY ADVISED THAT A CONVICTION OF THE OFFENSE FOR WHICH YOU HAVE BEEN CHARGED MAY HAVE THE CONSEQUENCES OF DEPORTATION, EXCLUSION FROM ADMISSION TO THE UNITED STATES. OR DENIAL OF NATURALIZATION PURSUANT TO THE LAWS OF THE UNITED STATES; COURT FINDS THAT EACH SUCH WAIVER IS KNOWINGLY, UNDERSTANDINGLY, AND EXPLICITLY MADE; UPON MOTION OF DEFENDANT, PLEA TO COUNT 01 VACATED AND SET ASIDE, AND NEW AND DIFFERENT PLEA OF GUILTY ENTERED. COUNT (01) : DISPOSITION: CONVICTED COUNT (02) : DISPOSITION: DISMISSAL IN FURTH OF JUSTICE PER 1385 PC COURT ACCEPTS PLEA SENTENCING AS TO COUNT (01): DEFENDANT HAVING BEEN DULY ARRAIGNED FOR JUDGMENT AND THERE BEING NO LEGAL CAUSE WHY JUDGMENT SHOULD NOT BE PRONOUNCED AGAINST HIM, THE COURT ORDERS THE FOLLOWING JUDGMENT: IMPOSITION OF SENTENCE SUSPENDED DEFENDANT PLACED ON SUMMARY PROBATION FOR A PERIOD OF 003 YEARS UNDER THE FOLLOWING TERMS AND CONDITIONS: PAY A FINE OF $ PLUS A STATE PENALTY FUND ASSESSMENT OF $ PLUS $1.00 NIGHT COURT. PLUS $26.00 ALCOHOL ABUSE/PREVENTION ASSESSMENT (23645 V.C.) $75.00 ALCOHOL AND DRUG PROBLEM ASSESSMENT (23649 V.C.) $35.00 INSTALLMENT & ACCOUNTS RECEIVABLE FEE (PURSUANT TO 120B(D)PC) $35.00 CITATION PROCESSING FEE (PURSUANT TO G.C.) THE ABOVE FINE IS PAYABLE AT $50 PER MONTH TO BE PAID ON THE LST DAY OF THE MONTH BEGINNING 10/01/93 AND CONTINUING UNTIL FULLY PAID. DEFENDANT TO PAY FINE TO THE COURT CLERK THE DEFENDANT SHALL ENROLL AND PARTICIPATE IN AND SUCCESSFULLY COMPLETE, A 3-MONTH LICENSED FIRST OFFENDER ALCOHOL AND OTHER DRUG EDUCATION AND COUNSELING PROGRAM RESTRICT DRIVING FOR 090 DAYS TO AND FROM WORK. DURING WORK, TO AND FROM PROGRAM TOTAL DUE: $ IN ADDITION: -NOT DRIVE A MOTOR VEHICLE UNLESS LAWFULLY LICENSED AND INSURED. -NOT OPERATE A MOTOR VEHICLE WITH ANY MEASURABLE AMOUNT OF ALCOHOL IN BLOOD SYSTEM. -NOT REFUSE TO SUBMIT TO A BLOOD. BREATH OR URINE TEST ON SUBSEQUENT ARREST. NOT COMMIT SIMILAR OFFENSE DURING PROBATION PERIOD. -OBEY ALL LAWS AND ORDERS OF THE COURT. COUNT (01): DISPOSITION: CONVICTED BLOOD ALCOHOL CONTENT TEST SHOWED BAG OF.12 PERCENT.

3 MUNICIPAL COURT OF THE ' _-- JUDICIAL DISTRICT Peoplev. _"_%V_ /"' '_ CaseNo. _--_/_ I_'_ "_l DUI Advisement of Rights, Waiver, and Plea Form FirstOffenseOnly- VehicleCode Fill out this form if you wish to plead guilty or no contest to the charges against you. Initial each applicable item only if you understand it. If you have any questions about your case, the possible sentence, or the information on this form, ask your lawyer or the judge. RIGHTTO A LAWYER 1. I understand that I have the right to be represented by a lawyer throughout the proceedings. I understand that the Courtwiltappoint a free lawyer for me if I cannot afford to hire a lawyer, but at the end of the case I may be asked to pay all or part of the cost of that lawyer,if Ican afford to. Iunderstand that there are dangers and disadvantages to giving up my right to a lawyer and that it is almost always unwise to representmyself Igive up my right to a lawyer, and I choose to represent myself. (Does not apply if you have a lawyer.) NATUREOF THE CHARGES(Initial all sections you are charged with.) I understand that I am charged with a violationof Vehicle Code section(s): _-_] (a) - Driving under the influence of alcohol or drugs, or both.:... _ _r 3 _when my blood-alcohol level was.08 percent or higher (d)-Drivi_my_od-,_k.vl_.. 5.,_ Q.3. 03_sdriving involvingalcoholordrugs, orboth... _ '_1 CONSTITUTIONAL RIGHTSNVAIVER OF RIGHTS 7. RIGHT TO A JURY TRIAL - l understand that l have a right to a speedy,publicjurytrial. Atthetdal, lwould _[_--_-_ be presumed innocent, and I could not be convicted unless 12 impartial jurors were convinced of my guilt beyond a reasonable doubt _rt----! 8. I give up my right to a jury trial [_ C_1 9. RIGHT TO CONFRONT WITNESSES - I understand that I have the right to confront and cross-examineall _-----_I witnesses testifying against me C.tJ 10. I give up my right to confront and cross-examine witnesses _-_7 I 11. RIGHT AGAINST SELF-INCRIMINATION - I understand that I have the right to remain silent and not r-----_ incriminatemyself,and the righttotestify in myownbehalf. I understandthatbypleadingguiltyornocontest, I am incriminatingmyself I giveup my rightto remainsilentand to notincriminatemyself _',',_fl 13. RIGHT TO PRODUCE EVIDENCE - I understandthat I have the right to present evidence and to have the _[_----I Court issue subpoenas to bring into Court all witnesses and evidence favorable to me, at no cost to me I give up my right to produce evidence and witnesses in my own behalf CONSEQUENCES OF PLEA OF GUILTY OR NO CONTEST 15. I understand that if I am not a citizen, a plea of guilty or no contest could result in deportation or exclusion _--_i from admission to this country, or denial of naturalization or amnesty LL2 16. I understand that a plea of no contest (nolo contendere) will have exactly the same effect in this case as _',o->. a plea of guilty, but it cannot be used against me in a civil lawsuit PRU-100 (1-93) See Reverse Side (Paee1of4 Pa_-_

4 ="_. --"_,_, 24. I understand that the DMV will nov,ssue a restricted license or restore my o,..lng privilege followinga restriction,suspension,orrevocationunless I have proof of insurance and maintainitfor three years.the DMV will suspend my license: (1) until proof of insurance is provided by my insurance company to the I_'_0;,..I DMV, and (2) upon my failure to maintain such proof during the three-year period L_.U 25. I understand that the DMV may consider any of my prior convictions for driving under the influence or reckless driving which are not charged in this proceeding and impose a more severe licenserestriction. suspension, or revocation as a result of my uncharged conviction(s) _._ ;-._ 26. I understand that any plea entered in this case may be grounds for revoking probation or parole which has been previously imposed on me in any other case I understand the charge(s) against me. and the possible pleas and defenses i i PLEA(S) 28. I herebyfreely and voluntarilypl S( "-_ to (list charge(s)) ='estl _d right and agree {_at toi be hav%:_e'rightto sentenced at wait this time from six... hours to five... days prior to being sentenced. I giveupthis 29. _ 30. If applicable - I understand that I have the right to enter my plea before, and be sentenced by a judge. I give up this right and agree to enter my plea before, and be sentenced by Harold J. Mulvilll 30. Temporary Judge Date _ Defendant's Signature PRU-100 (1-93) See Reverse Side (Page3 of4paoe:

5 CASE NO. 93M10221 PAGE NO. 3 DEF NO. 01 DATE PRINTED 08/10/01 ABSTRACT ISSUED ON 09/01/93 FOR COUNT 01 DMV JUDGMENT CODE QCGSTV FINE PAYMENT(S) ON 09/29/93 AT 830 AM IN CITRUS DIV DLK PAYMENT IN THE AMOUNT OF $50.00 PAID ON 09/29/93 RECEIPT # 0004 DEFENDANT MADE PARTIAL PAYMENT, 10/15/ AM FINE PAYMENT(S) DIST CITRUS DIV CLK ON 11/02/93 AT 830 AM IN CITRUS DIV 004 CASE CALLED FOR BENCH/WARRANT TO ISSUE PARTIES: CDMR HAROLD MULVILLE (JUDGE) NONE (CLERK) BENCH WARRANT ORDERED/ISSUED DEFENDANT FAILED TO PAY FINE, PROBATION REVOKED. WARRANT ISSUED & CLDR CANCEL 11/02/93 BENCH WARRANT IN THE AMOUNT OF $ BY ORDER OF JUDGE COMR HAROLD MULVILLE ISSUED. ON 11/05/93 AT 830 AM IN CITRUS DIV 004 CASE CALLED FOR BENCH WARRANT HEARING PARTIES: COMR HAROLD MU[VILLE (JUDGE) NANCY BECKLEY (CLERK) BENCH WARRANT RECALLED. DEFENDANT FOUND IN VIOLATION OF PROBATION. PROBATION REVOKED AND REINSTATED UNDER SAME TERMS AND CONDITIONS HOWEVER COURT ACDEPTS PAYMENT OF $50. PAYMENTS REINSTATED FINE PAYMENT(S) 11/10/93 BENCH WARRANT IN THE AMOUNT OF $ RECALLED. ON 11/12/93 AT 900 AM IN CITRUS DIV CLK DEFENDANT IS NOT PRESENT IN COURT. AND NOT REPRESENTED BY COUNSEL

6 CASE NO. 93M10221 PAGE NO. 4 DEP NO. 01 DATE PRINTED 08/10/01 PAYMENT IN THE AMOUNT OF $50.00 PAID ON 11/12/93 RECEIPT # 0017 DEFENDANT MADE PARTIAL PAYMENT. TOTAL $1225 BALANCE $ /15/ AM FINE PAYMENT(S) DIST CITRUS DIV CLK ON 12/02/93 AT 830 AM IN CITRUS DIV elk PAYMENT IN THE AMOUNT OF $ PAID ON 12/02/93 RECEIPT # 0200 DEFENDANT MADE NOVEMBER AND DECEMBER PAYMENT 01/18/ AM FINE PAYMENT(S) DIST CITRUS DIV CLK ON 01/14/94 AT 830 AM IN CITRUS DIV CLK PAYMENT IN THE AMOUNT OF $50.00 PAID ON 01/14/94 RECEIPT # 0071 DEFENDANT MADE PARTIAL PAYMENT. TOTAL $1225 BALANCE $ /18/ AM FINE PAYMENT(S) DIST CITRUS DIV elk ON 02/22/94 AT 830 AM IN CITRUS DIV CLK PAYMENT IN THE AMOUNT OF $50.00 PAID ON 02/22/94 RECEIPT # 0075 TOTAL: $1,225,00 BALANCE: $ /18/ AM FINE PAYMENT(S) DIST CITRUS DIV CLK ON 03/18/94 AT 830 AM IN CITRUS DIV CLK PAYMENT IN THE AMOUNT OF $50.00 PAID ON 03/18/94 RECEIPT # 0280

7 CASE NO. 93M10221 PAGE NO. 6 DEF NO. Ol DATE PRINTED 08/10/01 ON 07/07/95 AT 900 AM IN CITRUS DIV CLK PAYMENT IN THE AMOUNT OF $ PAID ON 07/07/95 RECEIPT # 0127 DEFENDANT MADE FINE PAYMENT TOTAL $ BALANCE $ /07/ AM FINE PAYMENT(S) DIST CITRUS DIV CLK ON 08/07/95 AT 900 AM IN CITRUS DIV CLK PAYMENT IN THE AMOUNT OF $ PAID ON 08/07/95 RECEIPT # 0041 DEFENDANT MADE FINE PAYMENT TOTAL $ BALANCE $ /07/ AM FINE PAYMENT(S) DIST CITRUS DIV CLK ON 10/03/95 AT 830 AM IN CITRUS DIV 005 PARTIES: ROLF M. TREU (JUDGE) LAURA OVERTON (CLERK) NONE (REP) NONE () PROBATION REVOKED AS TO COUNT (01): BENCH WARRANT ORDERED/ISSUED DMV ABSTRACT NOT REQUIRED WARRANT ISSUED & CLDR CANCEL 10/03/95 BENCH WARRANT IN THE AMOUNT OF $25, BY ORDER OF JUDGE ROLF M. TREU ISSUED. (10/03/95). ON 01/24/96 AT 830 AM IN CITRUS DIV 005 CASE CALLED FOR BENCH WARRANT HEARING PARTIES: ROLF m. TREU (JUDGE) LAURA OVERTON (CLERK) RUTH CABALLERO (REP) DAN O'CONNELL (DA) DEFENDANT IS PRESENT IN COURT. AND NOT REPRESENTED BY COUNSEL PROBATION REINSTATED. PROBATION IS CONTINUED ON THE SAME TERMS AND CONDITIONS WITH THE FOLLOWING MODIFICATIONS: AS TO COUNT (01):

8 CASE NO. 93MI0221 PAGE NO. 7 DEF NO. Ol DATE PRINTED 08/10/01 TO BE SERVED AS FOLLOWS: SERVE 020 DAYS IN LOS ANGELES COUNTY JAIL LESS CREDIT FOR 005 DAYS SERVED ON CONSECUTIVE WEEKENDS TO BEGIN ON 02/03/96 FROM 600 PM AND EACH WEEKEND THEREAFTER UNTIL SAID TERM IS COMPLETED. DEFENDANT TO SURRENDER DIRECTLY TO LOS ANGELES COUNTY JAIL FOR SERVICE OF JAIL TIME. IN ADDITION: 20 DAYS JAIL SUSPENDED COURT ORDERS BENCH WARRANT RECALLED & CONTEMPT CHARGE DISMISSED DEFENDANT ADMITS PROBATION VIOLATION. PAY BALANCE OF FINE BY DMV ABSTRACT NOT REQUIRED 02/05/ AM FINE PAYMENT(S) DIST CITRUS DIV CLK 01/24/96 BENCH WARRANT IN THE AMOUNT OF $25, RECALLED. (01/24/96). ON 02/01/96 AT 900 AM : DEFENDANT PAID FINE BALANCE IN FULL PAYMENT IN THE AMOUNT OF $ PAID ON 02/01/96 RECEIPT # 0282 PROCEEDING TERM & CLDR CANCEL