Sutter — Misdemeanor Entry of Plea - 23103/23103.5

Source: https://www.sutter.courts.ca.gov/system/files/forms-and-filings/plea-form-wet-reckless_0.pdf

SUPERIOR COURT OF CALIFORNIA, COUNTY OF SUTTER MISDEMEANOR ENTRY OF PLEA

People of the State of California, Plaintiff Case No. __________

-vs- Misdemeanor Entry of Plea

----------------/ Defendant.

Comes now the Defendant above-named represented by________________ and offers to: [X J Enter plea(s) of guilty/no contest to the charge(s) Defendant violated the following Code Section(s)____ Vehicle Code §23103/23103.5 [X J as set forth in the complaint or information [ J admitting the truth of the alleged prior conviction(s) as set forth in the complaint or information [X ) on the following terms and conditions A. [ ] The Court dismisses, on the motion of the District Attorney, the following charge(s): ____

B. [X ] That the Court impose only the following judgment:
_M months summary probation __ search terms for narcotics and paraphernalia
$ 678 fine + $ __ conviction assessment(s) alcohol/weapons/firearms/stolen property
__ hours in county jail __xx DUI school/Wet Reckless program
anger management/teen alcohol program $ 150 restitution fine + collection fee __xx chemical test narcotics/alcohol __ not contact/batter/harass or annoy:
__xx $70 addl per count on misdemeanor conviction
$75 addl per count on infraction conviction

other:

In making this offer the Defendant represents her/she understands each of the following rights initialed and expressly waives each and every right in relation to the present charge(s) as well as the prior conviction(s) alleged and admitted: _[ J 1. The right to be represented by an attorney or, if indigent, by the Public Defender; _[X] 2. The right to a speedy and public trial; _[X] 3. The right to a trial by jury or court; _[X] 4. The right to be confronted by adverse witnesses (to see, hear and question all witnesses against me); _[X ] 5. The right to subpoena witnesses to testify on my behalf, and to present evidence in my own defense; _[X] 6. The right to remain silent, that is, not to be compelled to plead guilty or testify against myself.

I understand the consequences of my plea are: _[X] 1. The maximum sentence is$ 3800 and/or 90 days in the county jail; _[X] 2. Must serve not less than O hours/days in the county jail, and pay of fine of not less than $lQ__Z. _[X] 3. There have been no other representations or promises made to me other than what is stated on this entry plea form. _[ ] 4. Suspended license: _[ ] For a second or subsequent conviction for Vehicle Code §14601.2 within 5 years, a mandatory minimum of not less than 30 days in the county jail; __ [ ] For a second or subsequent conviction for Vehicle Code §14601.1 (or second or subsequent conviction with previous VC §14601, §14601.2 or §14601.5) within 5 years, a mandatory minimum of not less than 5 days in the county jail; 10 days for §14601(a) or §14601.5 with prior. __ [X ] 5. A conviction may be used to violate your probation or parole, and you may be sentenced to maximum term. _[ ] 6. If applicable - I understand that if I was under the age of 21 at the time of my arrest, my driver's license will also be suspended for 1 year, and I must surrender my license to the court. If I do not have a valid driver's license, the Court will order the Department of Motor Vehicles (OMV) to delay issuing a license to me for 1 years after I become eligible to drive. __ [ ] 7. A plea of no contest carries the same possible penalties, from the court and/or the Oepartment of Motor Vehicles as a guilty plea.

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_[X] 8. Subsequent DUI Convictions within 10 Years: _ [X] For second conviction of Vehicle Code §23152 (a) or (b) there is a minimum fine, noted above, and a mandatory minimum of 90 days in the county jail. If probation is granted, probation terms shall include the following: 10 day minimum in jail (with at least 48 hours served consecutively), a minimum fine, noted above, and a two-year license suspension. Offender must complete a 18 month or 30-month alcohol program rehabilitation program. Failure to enroll or participate in the program is a mandatory minimum of 30 days in the county jail and 18-months license suspension. Termination from the program requires a jail sentence of at least 90 days. _[X] For a third conviction of Vehicle Code §23152 (a) or (b) there is a minimum fine, noted above, a three year license suspension, and a mandatory minimum 120 days in the county jail. For a fourth or subsequent conviction, there is a minimum fine, a three-year license suspension, and a mandatory minimum of 180 days in the county jail; and it may be charged as a felony. _[X] A conviction of Vehicle Code §23103/23103.5 (wet reckless) is treated as a §23152 prior. __ [X] 9. If you are not a citizen, you are hereby advised that the conviction of the offense for which you have been charged may cause you to be deported from the .)nited States, denied citizenship to the United States and denied re-entry into the United States should you leave the country. __ [X ]10. I understand that being under the influence of alcohol or drugs, or both, impairs my ability to safely operate a motor vehicle. Therefore, it is extremely dangerous to human life to drive while under the influence of alcohol or drugs, or both. If I continue to drive while under the influence of alcohol or drugs, or both, and a result of my driving, someone is killed, I can be charged with murder. __ [X ]11. I understand that the DMV may restrict or suspend my driver's license under a procedure which is separate from this criminal action. If the Court orders my driver's license restricted, the restriction wil l begin only upon reinstatement of my driving privilege following completion of the DMV's action, unless the DMV's action is set aside. __ [X ] 12. I understand that proof of my successful completion of an alcohol/drug program must be received at DMV headquarters in order for me to have my driving privilege reinstated, even if I am not ordered to attend such a program by the Court. I also understand that I must surrender my license to the Court if my license is suspended. __ [X] 13. I understand that the DMV will not issue a restricted driver's license or restore my driving privilege following a restriction or suspension unless I have proof of insurance for 3 years. The DMV will suspend my license: (1) until proof of insurance is provided to the DMV and (2)upon my failure to maintain such proof during the 3-year period. __ [X ] 14. I understand that the DMV may consider any of my other convictions for DUI or reckless driving, even those that are not charged in this proceeding, and may impose a more severe driver's license restriction, suspension, or revocation as a result. _[ ]15. ------------------------------- __ [X ]16. I understand that I have the right not to be sentenced earlier than six hours, nor later than 5 days after my plea. I give up the right and agree to be sentenced at this time .

I have read and understand all of the foregoing and freely, voluntarily and expressly waive all the initialed rights and understand fully the consequences of my plea.

Dated: ________ _ ___________________ , Defendant

The-undersigned has discussed all of the constitutional rights, all possible defenses, and all consequences connected with the entry of plea with the defendant and concurs in the waiver of all enumerated rights.

Dated: _ ______ _ ___________________ , Defense Counsel

The District Attorney of Sutter County joins the proposed offered plea herein set forth .

Dated: _______ _ ___________________ , Deputy District Attorney

The Court finds the Defendant has made a knowing, intelligent, voluntary and express waiver of his/her rights, and understands the possible consequences of the pJea(s)/admission(s). The plea(s)/admission(s) is/are accepted and ordered entered by the clerk.

Dated : ________ _ ___________________ , Judge of the Superior Court

I translated the foregoing entry of plea form to the defendant in the language of Spanish/Punjabi/ ________ _

Dated : _______ _ ___________________ , Interpreter

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