Monterey — MCR-36C

Source: https://www.monterey.courts.ca.gov/system/files/mcr-36c.pdf

Sparse pages use OCR; original PDF remains authoritative.

\ ~~ LS) ) SUPERIOR COURT OF CALIFORNIA COUNTY OF MONTEREY PEOPLE OF THE STATE OF CALIFORNIA, Plaintiff, CASE NUMBER: VS. Defendant. WAIVER OF RIGHTS PLEA OF “GUILTY” OR ”NO CONTEST”

1. My true full name is: DOB:
2. | understand that: (a) | am pleading “Guilty” / “No Contest” to the offense(s) charged: (b) |am admitting the prior conviction(s) and/or special allegation(s) charged:
3. | understand, and | freely and voluntarily give up, the following constitutional rights: (a) | understand, and | give up, my right to a speedy and public trial by jury or Court. (b) | understand, and | give up, my right to confront the witnesses against me. (c) | understand, and | give up, my right to present evidence on my own behalf and to have witnesses compelled to testify on my behalf. (d) | understand, and | give up, my right to remain silent. (e) | understand, and | give up, my right to be represented by an attorney at all stages of the proceedings and, if | cannot afford an attorney, my right to have an attorney appointed by the court to represent me.
4. | understand the maximum sentence | could receive for the offense(s). (Review and sign reverse side.)
5. If lam nota citizen of the United States, | understand that my plea of “Guilty” or “No Contest” to these charges will result in deportation, exclusion from admission to the United States, denial of naturalization or amnesty, and/or denial of re-entry into this country.
6. If | am currently on probation or parole in any other case, | understand that my plea of “Guilty” or “No Contest” to these charges constitutes grounds for revoking probation or parole previously granted to me in any other case.

| understand that | am giving up these rights, and | understand the possible penalties and other consequences of

my plea. Knowing my rights and the consequences of my plea, | enter a plea of “Guilty” or “No Contest.” DATE: SIGNATURE: PLEASE READ, DATE, AND SIGN BOTH SIDES OF THIS FORM

| certify that | translated this form to the defendant who acknowledged understanding its contents before signing.

Language: Spanish / Other: SPECIFY OTHER INTERPRETER'S SIGNATURE OR PRINT NAME DATE Upon inquiry, the Court finds that there is a factual basis for the plea and further that this defendant understands the possible penalties and consequences of his/her plea and that he/she understands and knowingly, voluntarily, and intelligently waives each of the above rights. Date: JUDGE OF THE SUPERIOR COURT WAIVER OF RIGHTS MCR-36C (Rev. March 2020)

| understand that the maximum sentence is

(1 year in jail and a fine of $1000 plus penalty assessments (16 months in jail and a fine of $1000 plus penalty assessments Other:

| understand that in addition to the statutory fines, mandatory assessments and fees will be imposed that will significantly increase

the amount | have to pay. Also, | will be ordered to make victim restitution and to pay a restitution fine of $150 to $1000 unless the Court finds compelling and extraordinary reasons not to do so. DRIVING UNDER THE INFLUENCE OF ALCOHOL AND/OR DRUGS (V.C. SECTION 23152) PENALTIES AND PUNISHMENT Minimum and Maximum Sentence Minimum and Maximum Offense oe § : When Probation is Granted (3 to 5 years) Sentence without Probation Ren (A) 48 HOURS TO 6 MONTHS IN JAIL oR oS oe $300 70 1000 OFFENSE (B) A FINE OF $390 TO $1000 PLUS PENALTY ASSESSMENTS PLUS ASSESSMENTS: Within 10 Years (C) DMV WILL IMPOSE A 6-MONTH DRIVER’S LICENSE SUSPENSION LICENSE SUSPENDED 6 (D) ATTEND A 3 OR 9 MONTH 18" OFFENDER ALCOHOL PROGRAM MONTHS SECOND OFFENSE Within 10 Years (A) 10 DAYS TO 1 YEAR IN JAIL (B) A FINE OF $390 TO $1000, PLUS PENALTY ASSESSMENTS (C) DMV WILL IMPOSE A 2-YEAR DRIVER'S LICENSE SUSPENSION (D) ATTEND 18 MONTH OR 30 MONTH MULTIPLE OFFENDER ALCOHOL PROGRAM 90 DAYS TO 1 YEAR IN JAIL; FINE OF $390 TO $1000 PLUS ASSESSMENTS; LICENSE SUSPENDED 2 YEARS. THIRD OFFENSE Within 10 Years (A) 120 DAYS TO 1 YEAR IN JAIL (B) A FINE OF $390 TO $1000, PLUS PENALTY ASSESSMENTS, (C) DMV WILL IMPOSE A 3-YEAR DRIVER'S LICENSE REVOCATION (D) ATTEND 18 OR 30-MONTH ALCOHOL PROGRAM IF YOU HAVE NOT COMPLETED ONE BEFORE. DESIGNATED HABITUAL TRAFFIC OFFENDER. 120 DAYS TO 1 YEAR IN JAIL; $390 TO $1000 FINE; LICENSE REVOKED 3 YEARS; DESIGNATED HABITUAL TRAFFIC OFFENDER. FOURTH OR SUBSEQUENT OFFENSE Within 10 Years (A) 180 DAYS TO 1 YEAR IN JAIL (B) $390 TO $1000 FINE, PLUS PENALTY ASSESSMENTS, (C) DMV WILL IMPOSE A 4-YEAR DRIVER'S LICENSE REVOCATION (D) AN 18 OR 30-MONTH ALCOHOL PROGRAM IF YOU HAVE NOT COMPLETED ONE BEFORE. DEFENDANT MAY REQUEST TO PARTICIPATE IN A 30-MONTH TREATMENT PROGRAM. DESIGNATED AS HABITUAL TRAFFIC OFFENDER. 180 DAYS TO 1 YEAR IN JAIL; $390 TO $1000 FINE; LICENSEE REVOKED 4 YEARS; DESIGNATED AS HABITUAL TRAFFIC OFFENDER. DRIVER’S LICENSE SUSPENSION/REVOCATION: | understand that if | plead guilty or no contest to an offense of driving under the influence (Vehicle Code section 23152 or 23153) my driver's license will be suspended for a period of between 6 months and 4 years as set forth in the table above. | understand that my driving privileges may not be restored until | have provided satisfactory proof to the Department of Motor Vehicles that

| have successfully completed a driving-under-the-influence program of the required length from a provider that is licensed under Health and Safety

Code section 11836. Individuals whose licenses have been suspended may apply to the DMV for a restricted license permitting them to drive for work purposes. However, the Court may prohibit the DMV from issuing a restricted license if it determines that | would pose a traffic safety or public safety threat if allowed to drive. UNDER 21 YEARS OF AGE: If applicable - | understand that if | was under the age of 21 at the time of my arrest, my driver's license will also be suspended for 1 year, and | must surrender my license to the Court. If | do not have a valid driver’s license, the Court will order the Department of Motor Vehicles (DMV) to delay issuing a license to me for 1 year after | become eligible to drive. VEHICLE IMPOUNDMENT: For a first offense of 23152, the court may impound the vehicle at the defendant's expense for up to 30 days; for a second offense, the court shall impound the vehicle up to 30 days; for a third or subsequent offense within 5 years, the court shall impound the vehicle for up to 90 days or order defendant's vehicle forfeited. IGNITION INTERLOCK DEVICE INSTALLATION: | understand that | may be ordered to install an ignition interlock device on any vehicle that | own or to which | have access for up to three years. FARM LABOR CERTIFICATE: | also understand that if | plead guilty or no contest to an offense of driving under the influence of an alcoholic beverage (VC 23152a or 23153), reckless driving, or driving on a suspended or revoked driver's license, the Department of Motor Vehicle will revoke or not issue a Farm Labor Vehicle Certificate for 3 years. COMMERCIAL DRIVER’S LICENSE DISQUALIFICATION: | understand that if | plead guilty or no contest to an offense of driving under the influence of an alcoholic beverage (VC 23152 or 23153) or willfully refusing to submit to or complete a blood-alcohol test | will be disqualified from operating a commercial vehicle for 1 year, unless this is my second offense for these matters in which case | understand that | will be disqualified from operating a commercial vehicle for life. These penalties will apply regardless of whether or not | was operating a commercial vehicle at the time of my offense. | also understand that if | am convicted of more than one violation of any of the offenses listed in VC 15302, | will be disqualified from operating a commercial vehicle for the rest of my life. VC _ 23593 ADVISEMENT: | understand being under the influence of alcohol or drugs, or both, impairs the ability to safely operate a vehicle. Therefore, it is extremely dangerous to human life to drive while under the influence of alcohol or drugs, or both. Furthermore, | understand that if

| continue to drive while under the influence of alcohol or drugs, or both, and, as a result of that driving, someone is killed, | can be charged with

murder.

| HAVE READ AND UNDERSTAND THE MINIMUM AND MAXIMUM SENTENCES AND THE CONSEQUENCES FOR THE OFFENSE(S) TO

WHICH | AM PLEADING “GUILTY” OR “NO CONTEST”. Date: Defendant (>) (>) Ne ) Nas