TYPE OF OFFENSE(S) AND SECTION NUMBER(S) LIST OFFENSE(S), CASE NUMBER(S) AND DATE(S) CASE NUMBER(S) AND DATE(S)
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1 SUPERIOR COURT OF CALIFORNIA Reserved fr Clerk s File Stamp COUNTY: PLAINTIFF: PEOPLE OF THE STATE OF CALIFORNIA DEFENDANT: DUI ADVISEMENT OF RIGHTS, WAIVER, AND PLEA FORM (Vehicle Cde 23152) CASE NUMBER: DEPARTMENT INSTRUCTIONS Fill ut this frm if yu wish t plead guilty r n cntest t the charges against yu. Initial the bx fr each applicable item nly if yu understand it, and sign and date the frm n page 5. If yu have any questins abut yur case, the pssible sentence, r the infrmatin n this frm, ask yur attrney r the judge. RIGHT TO AN ATTORNEY 1. I understand that I have the right t be represented by an attrney thrughut the prceedings. I understand that the Curt will appint a free attrney fr me if I cannt affrd t hire ne, but at the end f the case, I may be asked t pay all r part f the cst f that attrney, if I can affrd t. I understand that there are dangers and disadvantages t giving up my right t an attrney, and that it is almst always unwise t represent myself NATURE OF THE CHARGES (Cmplete all items yu are charged with.) I understand that I am charged with a vilatin f Vehicle Cde sectin(s): (a) - Driving under the influence f alchl r drugs, r bth (b) - Driving when my bld-alchl level was.08 percent r higher (d) - Driving a cmmercial vehicle when my bld-alchl level was.04 percent r higher , Reckless driving invlving alchl r drugs, r bth Check if applicable r r r Driving in knwing vilatin f a driver s license restrictin, suspensin, r revcatin Check if applicable (Habitual traffic ffender) Accumulating a driving recrd histry in knwing vilatin f a driver s license suspensin r revcatin If applicable - I understand that I am als charged with the fllwing ther ffense(s): TYPE OF OFFENSE(S) AND SECTION NUMBER(S) If applicable - I am als charged with having the fllwing ther cnvictin(s): LIST OFFENSE(S), CASE NUMBER(S) AND DATE(S) If applicable - I am als charged with vilating the prbatin rder(s) in the fllwing case(s): CASE NUMBER(S) AND DATE(S) I understand the charge(s) against me, and the pssible pleas and defenses CONSTITUTIONAL RIGHTS 12. RIGHT TO A JURY TRIAL - I understand that I have the right t a speedy, public jury trial. At the trial, I wuld be presumed inncent, and I culd nt be cnvicted unless 12 impartial jurrs were 12. cnvinced f my guilt beynd a reasnable dubt A298L PRU-101 (Rev ) Cntinued n reverse Page 1 f 6
2 CONSTITUTIONAL RIGHTS (Cntinued) 13. RIGHT TO CONFRONT WITNESSES - I understand that I have the right t cnfrnt and crssexamine all witnesses testifying against me RIGHT AGAINST SELF-INCRIMINATION - I understand that I have the right t remain silent and nt incriminate myself, and the right t testify n my wn behalf. I understand that by pleading guilty r n cntest, r admitting ther cnvictin(s) r prbatin vilatin(s), I am incriminating myself RIGHT TO PRODUCE EVIDENCE - I understand that I have the right t present evidence and t have the Curt issue subpenas t bring int curt all witnesses and evidence favrable t me, at n cst t me RIGHTS ON CHARGES OF OTHER CONVICTION(S) AND PROBATION VIOLATION(S) 16. If applicable - I understand that I have the right t an attrney, the right t a jury trial, the right t cnfrnt witnesses, the right against self-incriminatin, and the right t prduce evidence and witnesses fr all charges against me, including ther alleged cnvictin(s) r prbatin vilatin(s). Hwever, fr a charge f vilating prbatin, I d nt have the right t a jury trial, but I d have the right t a hearing befre a judge WAIVER OF RIGHTS Understanding all f the abve, fr all f the charges against me, including any ther alleged cnvictin(s) r prbatin vilatin(s): 17. I give up my right t an attrney, and I chse t represent myself. (Des nt apply if yu have an attrney.) I give up my right t a jury trial I give up my right t cnfrnt and crss-examine witnesses I give up my right t remain silent and t nt incriminate myself I give up my right t prduce evidence and witnesses n my wn behalf CONSEQUENCES OF PLEA OF GUILTY OR NO CONTEST 22. I understand that if I am nt a citizen, a plea f guilty r n cntest culd result in my deprtatin, exclusin frm admissin t this cuntry, r denial f naturalizatin I understand that a plea f n cntest (nl cntendere) will have exactly the same effect in this case as a plea f guilty, but it cannt be used against me in a civil lawsuit unless the ffense is punishable as a felny I understand that any plea entered in this case may be grunds fr revking prbatin r parle which has previusly been granted t me in any ther case I understand that the Department f Mtr Vehicles (DMV) may cnsider any f my ther cnvictins fr DUI r reckless driving, even thse that are nt charged in this prceeding, and may impse a mre severe license restrictin, suspensin, r revcatin as a result I understand that in additin t the fine, the Curt will add assessments which will significantly increase the amunt I must pay. I will als be rdered t make restitutin and t pay a restitutin fine f $100 t $1000 (r $200 t $10,000 if the ffense is a felny) unless the Curt finds 26. cmpelling and extrardinary reasns nt t d s If applicable - I understand that if my bld-alchl level was.20 percent r abve, r if I refused t submit t a chemical test, the Curt will cnsider this in determining whether t enhance the penalties, grant prbatin, r impse additinal terms f prbatin If applicable - I understand that if I am the registered wner f the vehicle used in the ffense: A. The Curt will impund my vehicle at my expense fr up t 90 days, unless it is in the interests f justice nt t d s. The Curt may als declare my vehicle t be a nuisance and rder it sld fllwing a hearing if I have 2 r mre ther cnvictins fr DUI, vehicular manslaughter (Penal Cde r 192(c)(3)), r any cmbinatin theref, in the past 7 years A. 76A298L PRU-101 (Rev ) See next page Page 2 f 6
3 CONSEQUENCES OF PLEA OF GUILTY OR NO CONTEST (Cntinued) B. The Curt may als require me t install an ignitin interlck device (IID) fr up t three years. If this is my first ffense, heightened cnsideratin will be given t required IID installatin if the factrs in item N. 27 (page 2) exist, r if I have tw r mre prir mving traffic vilatins. Installatin f this device, which prevents the vehicle frm starting if I have alchl in my bdy, 28B. des nt authrize me t drive withut a valid driver's license C. If I am cnvicted f a secnd r subsequent vilatin f driving with a suspended r revked license (V.C et seq.) r driving withut a license (V.C (a)), my vehicle will be subject t frfeiture as a nuisance C. SENTENCES FOR DRIVING UNDER THE INFLUENCE OF ALCOHOL AND/OR DRUGS (Sectin 23152) Offense First ffense See Ns Secnd ffense See Ns Third ffense See Ns Furth r subsequent ffense See Ns Minimum and Maximum Sentences when Prbatin is Granted ( 3 t 5 Years Prbatin Term) Tw ptins, bth requiring a fine f $390 t $1,000, attendance at a 3-mnth alchl/drug prgram (r a 6-mnth prgram if my bld-alchl cntent was.20 percent r mre, r if I refused a chemical test at arrest), plus either: (A) 48 hurs t 6 mnths in jail, and a 6-mnth driver's license suspensin; r (B) A 90-day driver s license restrictin allwing driving fr wrk and alchl/drug prgram attendance nly. Hwever, my driver's license shall be suspended fr 6 mnths if the ffense ccurred in a vehicle which requires a class A r B driver s license. Tw ptins, bth carrying a fine f $390 t $1,000, plus either: (A) 10 days t 1 year in jail, and a 2-year driver s license suspensin; r (B) 96 hurs t 1 year in jail (the 96 hurs will be served in 2 increments f a cntinuus 48-hurs each); an 18-mnth (r 30-mnth) alchl/drug prgram, and a driver s license restrictin allwing driving nly fr wrk and prgram attendance fr the duratin f the prgram. My license shall instead be suspended fr 2 years if the ffense ccurred in a vehicle which requires a class A r B driver s license. 120 days t 1 year in jail, $390 t $1,000 fine, a 3-year driver's license revcatin, and an 18-mnth alchl/drug prgram if I have nt cmpleted ne befre. 180 days t 1 year in jail, $390 t $1,000 fine, a 4-year driver's license revcatin, and an 18-mnth alchl/drug prgram if I have nt cmpleted ne befre. Minimum and Maximum Sentences withut Prbatin 96 hurs t 6 mnths in jail, $390 t $1,000 fine, and a 6-mnth driver s license suspensin. 90 days t 1 year in jail, $390 t $1,000 fine, and a 2-year driver's license suspensin. 120 days t 1 year in jail, $390 t $1,000 fine, and a 3-year driver's license revcatin. 16 mnths, r 2 r 3 years in state prisn, (r 180 days t 1 year in cunty jail); $390 t $1,000 fine, and a 4-year driver s license revcatin. ADDITIONAL PENALTIES FOR A VIOLATION OF SECTION I understand that the DMV may restrict, suspend, r revke my driver s license under a prcedure which is separate frm this criminal actin. I understand that the DMV s actin, if any, will be in additin t the Curt s sentence and that I must bey it I understand that the DMV will nt issue a restricted driver s license r restre my driving privilege fllwing a restrictin, suspensin, r revcatin unless I have prf f insurance fr 3 years. The DMV will suspend my driver s license: (1) until prf f insurance is prvided t the DMV and (2) upn my failure t maintain such prf during the 3-year perid I understand that I must prvide the DMV with prf f my successful cmpletin f an alchl/drug prgram in rder t have my driving privilege reinstated, even if I am nt rdered t attend such a prgram by the Curt. I als understand that I must surrender my license t the 31. Curt if my license is suspended r revked I understand that the DMV will prevent me frm perating a cmmercial vehicle if I was perating a cmmercial vehicle at the time f the ffense. The DMV will als revke my driver's license fr a perid f 4 years if I have a prir felny cnvictin in the past 10 years f Vehicle Cde , 23153, r Penal Cde 191.5, 192(c)(1) r 192(c)(3) A298L PRU-101 (Rev ) Cntinued n reverse Page 3 f 6
4 ADDITIONAL PENALTIES FOR A VIOLATION OF SECTION (Cntinued) 33. If applicable - I understand that if I was under the age f 21 at the time f my arrest, my driver s license will als be suspended fr 1 year, and I must surrender my license t the Curt. If I d nt have a valid driver s license, the Curt will rder the DMV t delay issuing a license t me fr 1 year after I becme eligible t drive If applicable - I understand that if I am cnvicted f a third r subsequent DUI vilatin: A. I will be designated as an habitual traffic ffender fr 3 years after my cnvictin, and I will receive an enhanced sentence if I drive in vilatin f my license revcatin A. B. If prbatin is granted, I may request t participate in a 30-mnth treatment prgram. This prgram includes between 120 and 300 hurs f cmmunity service. If the Curt grants my request, I will be sentenced t the cunty jail fr at least 30 days but nt mre than 1 year as a cnditin f prbatin, instead f the jail term specified in the chart n page B. Nature f Offense Reckless driving reduced frm driving under the influence SENTENCES FOR RECKLESS DRIVING (Sectins 23103, ) If prbatin is granted: If prbatin is nt granted: Minimum and Maximum Sentences A maximum f 90 days in jail, r $1,000 fine, r bth, plus attendance at a treatment prgram. 5 days t 90 days in jail, r $145 t $1,000 fine, r bth. Other Cnsequences If alchl r drugs are invlved, this cnvictin will act as a separate DUI cnvictin if I cmmit a subsequent DUI ffense. SENTENCES FOR DRIVING IN VIOLATION OF A LICENSE SUSPENSION, REVOCATION, OR RESTRICTION Vehicle Cde Sectin First Offense Secnd r Subsequent Offense: I have prir cnvictin(s) in past 5 years f sectins 14601, , , r days t 6 mnths in jail, and a fine f $300 t $1, days t 1 year in jail, and a fine f $500 t $2, days in jail required if prbatin is impsed Up t 6 mnths in jail, r a fine f $300 t $1,000, r bth. 5 days t 1 year in jail, and a fine f $500 t $2, days t 6 mnths in jail, and a fine f $300 t $1, days in jail required if prbatin is impsed. 30 days t 1 year in jail, and a fine f $500 t $2, days in jail required if prbatin is impsed. If I have been designated as an habitual traffic ffender within 3 years f this cnvictin, I will, in additin, be sentenced t serve 180 days in jail and t pay a $2,000 fine Up t 6 mnths in jail, r a fine f $300 t $1,000, r bth. 10 days t 1 year in jail, and a fine f $500 t $2,000. Nte-sectin als cnstitutes a prir cnvictin fr this ffense. Vehicle Cde Sectin First Offense Secnd r Subsequent Offense: Prir cnvictin(s) in past 7 years f sectin days in jail, and a fine f $1, days in jail, and a fine f $2,000. ADDITIONAL PENALTIES FOR A VIOLATION OF SECTIONS 14601, , r If applicable - I understand that if I am cnvicted f a vilatin f Vehicle Cde , r if the riginal charge was fr a vilatin f that sectin but I am pleading t sectin 14601, r , the Curt will require me t install an ignitin interlck device (IID) n any vehicle that I wn r perate. This rder will be impsed fr up t three years. Installatin f this device, which prevents the vehicle frm starting if I have alchl in my bdy, des nt authrize me t drive withut a valid driver's license. Failure t install the IID shall result in the suspensin f my driver's license by the DMV A298L PRU-101 (Rev ) See next page Page 4 f 6
5 36. I have read and understd the applicable charts n pages 3 and 4 which list the minimum and maximum penalties fr the ffense(s) I am charged with. (See N. 37 fr the ffenses nt listed in the charts.) PENALTIES FOR OTHER OFFENSES 37. If applicable - I understand that the pssible cnsequences fr the ffense(s) charged, which are nt listed n the penalty charts n pages 3 and 4, include the fllwing: 37. PLEA(S) 38. I hereby freely and vluntarily plead t the fllwing: GUILTY OR NO CONTEST LIST CHARGE(S) If applicable - I freely and vluntarily admit the ther cnvictin(s) that I listed n this frm. I understand that this admissin will increase the penalties which are impsed n me If applicable - I freely and vluntarily admit the prbatin vilatin(s) that I listed n this frm and give up my right t a hearing befre a judge regarding the prbatin vilatin(s) I understand that I have the right t a delay f frm 6 hurs t 5 days prir t being sentenced fr a misdemeanr, and the right t a delay f up t 20 days fr a felny. I give up this right and agree t be sentenced at this time If applicable - I understand that I have the right t enter my plea befre, and t be sentenced by, a judge. I give up this right and agree t enter my plea befre, and t be sentenced by: TEMPORARY JUDGE S NAME 42. ** DEFENDANT S SIGNATURE: DATE: 76A298L PRU-101 (Rev ) Cntinued n reverse Page 5 f 6
6 ATTORNEY S STATEMENT I am the attrney f recrd fr the defendant. I have reviewed the frm and any addenda with my client. I have explained each f the defendant s rights t the defendant and answered all f the defendant s questins with regard t this plea. I have als discussed the facts f the defendant s case with the defendant, and explained the cnsequences f this plea, the elements f the ffense(s), and the pssible defenses. I cncur in this plea and in the defendant s decisin t waive his r her cnstitutinal rights. SIGNATURE OF DEFENDANT S ATTORNEY DATE INTERPRETER S STATEMENT (if applicable) I, having been swrn r having a written ath n file, certify that I truly translated this frm t the defendant in the language indicated belw. The defendant stated that (s)he understd the cntents f the frm, and then (s)he initialed and signed the frm. Language: Spanish Other (specify): COURT INTERPRETER S SIGNATURE TYPE OR PRINT NAME DATE COURT S FINDINGS AND ORDER The Curt, having reviewed this frm and any addenda, and having questined the defendant cncerning the defendant s cnstitutinal rights and the defendant s admissin f ther cnvictin(s) and prbatin vilatin(s), if any, finds that the defendant has expressly, knwingly, understandingly and intelligently waived his r her cnstitutinal rights. The Curt finds that the defendant s plea(s) and admissin(s) are freely and vluntarily made with an understanding f the nature and cnsequences theref, and that there is a factual basis fr the plea(s). The Curt accepts the defendant s plea(s), the defendant s admissin f the ther cnvictin(s) and prbatin vilatin(s), if any, and rders this frm filed and incrprated in the dcket by reference as thugh fully set frth therein. Judge f the Superir Curt Temprary Judge f the Superir Curt DATE 76A298L PRU-101 (Rev ) Page 6 f 6
TYPE OF OFFENSE(S) AND SECTION NUMBER(S) LIST OFFENSE(S), CASE NUMBER(S) AND DATE(S) CASE NUMBER(S) AND DATE(S)
SUPERIOR COURT OF CALIFORNIA Reserved for Clerk s File Stamp COUNTY: COUNTY OF EL DORADO PLAINTIFF: PEOPLE OF THE STATE OF CALIFORNIA DEFENDANT: DUI ADVISEMENT OF RIGHTS, WAIVER, AND PLEA FORM (Vehicle
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