Placer — Boykin Tahl - Misdemeanor

Source: https://www.placer.courts.ca.gov/sites/default/files/PL-CR018%20-%20Boykin%20Tahl%20-%20Misdemeanor_Eff.%20July%208%202024_FINAL.pdf

SUPERIOR COURT OF THE STATE OF CALIFORNIA IN AND FOR THE COUNTY OF PLACER ADVISEMENT AND WAIVER OF RIGHTS (MISDEMEANOR)

People vs. [Print full name]____________________________________ Date of birth:____________Case number: ____________

Charge(s): Priors: You have the following trial rights in connection with the charges, which are now pending against you. You will be I understand I give up giving up all of the following rights if you enter a plea of guilty or no contest. this right this right Attorney: You have the right to an attorney. If you cannot afford to hire your own attorney, the court will initial initial appoint one to represent you. Jury Trial: You have the right to a speedy, public jury trial on the charges which are pending against you. Confrontation: You have the right to confront the witnesses against you in trial: to see, hear and question all witnesses yourself or through your attorney. Subpoena: You have the right to present evidence and subpoena witnesses for your defense. Testimony: You have the right to testify in your own defense. Self-incrimination: You have the right to remain silent and you cannot be forced to testify if you do not want to do so. Sentencing: I understand that I have the right to be sentenced by a Superior Court Judge. I give up this right and agree to be sentenced by a duly appointed commissioner, Referee or Judge Pro Tem. I understand that if I am charged and convicted of a similar offense in the future that the plea of guilty or no contest I enter now may be used to increase my punishment, the consequences of which have been explained to me. I have reviewed the back of this form. Penal Code section 1016.5 Advisement: I understand that if I am not a United States citizen, a plea of guilty or no contest to offense(s) listed above “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.” ALCOHOL RELATED MISDEMEANOR OFFENSES ONLY I understand that if my blood alcohol content was .15 percent or above, or if I refused to submit to a chemical test, the court shall consider this in determining whether to enhance the penalties imposed on me, whether to grant probation or whether to impose additional terms and conditions of probation. I understand that if I am convicted of violation of Vehicle Code §23152, the court shall impound my car at my expense for up to 90 days, unless it determines that it is in the interest of justice not to do so. §23593 Advisement: You are hereby advised that being under the influence of alcohol or drugs, or both, impairs your 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 you continue to drive while under the influence of alcohol or drugs, or both, and, as a result of that driving, someone is killed, you can be charged with murder. §23103 under 23103.5 – Reckless Driving Involving Alcohol or Drugs I understand that this means that if, in the next ten years, I am arrested for driving under the influence or driving when my blood alcohol level was .08 percent or higher and I am convicted of that charge, I will be sentenced under the increased penalties the law provides for subsequent convictions. If applicable: I freely and voluntarily admit the other conviction(s) listed on this form. I understand that this admission will increase the penalties imposed on me. Commercial license: I understand that the DMV will prohibit me from operating a commercial vehicle for one year if I am convicted of a first DUI violation, or willfully refused a chemical test to determine my blood-alcohol level, which occurred in any vehicle. The DMV will prohibit me from operating a commercial vehicle ever again if I am convicted of a second or subsequent DUI offense or willful refusal to submit to a chemical test in any vehicle. Attorney’s statement: I have explained the contents of this form to my client. Defendant’s statement: I have read the front and back of this form. If I have had sufficient time to discuss this case with my client, including the represented by an attorney, I have had enough time to speak with my elements of the crime, and I have advised him/her of his/her rights, defenses attorney; I have told my attorney everything I know about this case; my and the consequences of his/her plea. I join in the waiver of the rights made attorney has explained to me my rights, my defenses and the possible by my client, including the right to a jury trial. consequences of my plea, including the consequences explained on the second page of this form. I am entering this plea freely and voluntarily. I hereby enter a plea of guilty nolo contendere to the charges listed above.

Dated:_______ Signed:_____________________________________ Dated:Signed:______________________________

The Court finds the defendant understands his/her constitutional rights, the nature of the crime(s) which he/she is admitting, the consequences of the plea, that plea and waiver of rights have been knowingly and voluntarily made and that there is a factual basis for the plea.

Dated:______________ Signed:_______________________________________________________

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Form Adopted for Optional Use www.placer.courts.ca.gov Superior Court of California, County of Placer Page 1 of 2 Form No. PL-CR018 Effective 07-08-2024

SENTENCES FOR DRIVING UNDER THE INFLUENCE OF ALCOHOL AND/OR DRUGS (VEHICLE CODE §23152)

OFFENSE MINIMUM AND MAXIMUM SENTENCES WHEN MINIMUM AND MAXIMUM REFUSING OR NOT PROBATION IS GRANTED SENTENCES COMPLETING BLOOD, (3 TO 5 YEARS) WITHOUT PROBATION BREATH OR URINE TEST FIRST OFFENSE A. 48 hours to 6 months in jail; A. 96 hours to 6 months in jail; 6- to 10-month driver’s license B. Fine of $390–$1,000 plus penalties and assessments; B. Fine of $390–1,000 plus penalties suspension and additional 48 hours C. 3-month DUI school (9-month if B.A. .20 or higher); and assessments; in jail. D. DMV will impose a 6- to 10-month driver’s license C. DMV will impose a driver’s suspension, and it may be longer under other license suspension, the length of circumstances. I may apply for a restricted license to which depends on the conviction drive for work and to/from alcohol program only through and age of the driver. DMV. SECOND OFFENSE A. 10 days to 1 year in jail; A. 90 days to 1 year in jail; 2-year driver’s license revocation WITHIN B. Fine of $390–$1,000 plus penalties and assessments; B. Fine of $390–$1,000 plus penalties and additional 96 hours in jail. 10 YEARS C. 18-month DUI school; and assessments; D. DMV will impose a minimum 2-year driver’s license C. DMV will impose a minimum 2­ suspension. year driver’s license suspension. THIRD OFFENSE A. 120 days to 1 year in jail; A. 120 days to 1 year in jail; 3-year driver’s license revocation WITHIN B. Fine of $390–$1,000 plus penalties and assessments; B. Fine of $390–$1,000 plus penalties and additional 10 days in jail. 10 YEARS C. 18-month DUI school; and assessments; D. DMV will impose a 3-year driver’s license revocation; C. DMV will impose a 3-year E. Designated as a Habitual Traffic Offender for 3 years. driver’s license revocation; D. Designated as a Habitual Traffic Offender for 3 years. FOURTH OR A. 180 days to 1 year in jail; A. Felony: 16 months, 2 years or 3 Additional 18 days in jail. SUBSEQUENT B. Fine of $390–$1,000 plus penalties and assessments; years in prison / Misdemeanor: OFFENSE WITHIN C. 18-month DUI school; 180 days to 1 year in jail; 10 YEARS D. DMV will impose a 4-year driver’s license revocation; B. Fine of $390–$1,000 plus penalties E. Designated as a Habitual Traffic Offender for 4 years. and assessments; C. DMV will impose a 4-year driver’s license revocation; D. Designated as a Habitual Traffic Offender for 4 years.

SENTENCES FOR RECKLESS DRUG/ALCOHOL-RELATED DRIVING (VEHICLE CODE §23103 PURSUANT TO 23103.5)

OFFENSE MINIMUM AND MAXIMUM SENTENCES MINIMUM AND MAXIMUM SENTENCES
WHEN PROBATION IS GRANTED (1 YEAR) WITHOUT PROBATION

RECKLESS DRIVING A. Maximum of 90 days jail, and/or; A. 5 to 90 days jail; WHEN REDUCED FROM B. Fine $145–$1,000 plus penalties and assessments; B. Fine of $145–$1,000 plus penalties and DRIVING UNDER THE C. 12-hour alcohol/drug treatment program; assessments. INFLUENCE D. The conviction counts as driving under the influence “prior” for ten years after the violation date.

SENTENCES FOR DRIVING WITH A SUSPENDED, REVOKED OR RESTRICTED LICENSE (VEHICLE CODE §14601, 14601.1, 14601.2, 14601.3 or 14601.5)

OFFENSE MINIMUM AND MAXIMUM SENTENCE MINIMUM AND MAXIMUM SENTENCE FIRST OFFENSE: NO PRIOR CONVICTIONS SECOND OR SUBSEQUENT OFFENSE: PRIOR IN PAST FIVE YEARS OF CONVICTION(S) IN PAST 5 YEARS OF §14601, 14601.1, 14601.2, 14601.3 or 14601.5 §14601, 14601.1, 14601.2, 14601.3 or 14601.5 SECTION 14601 5 days to 6 months in jail, and 10 days to 1 year in jail, and suspended/revoked license Fine of $300–$1,000 plus penalties and assessments Fine of $500–$2,000 plus penalties and assessments -negligent operator SECTION 14601.1 Up to 6 months in jail, and/or 5 days to 1 year in jail, and suspended/revoked license Fine of $300–$1,000 plus penalties and assessments Fine of $500–$2,000 plus penalties and assessments -other SECTION 14601.2 10 days to 6 months in jail, and 30 days to 1 year in jail, and restriction on alcohol Fine of $300–$1,000 plus penalties and assessments Fine of $500–$2,000 plus penalties and assessments related offense Installation of an Ignition Interlock Device (up to 3 years) Installation of an Ignition Interlock Device (up to 3 years) SECTION 14601.3 30 days in jail, and Prior conviction within 7 years: suspended/revoked license Fine of $1,000 plus penalties and assessments 180 days in jail -habitual traffic offender Fine of $2,000 plus penalties and assessments SECTION 14601.5 Up to 6 months jail, and/or 10 days to 1 year in jail, and Suspended/revoked license Fine of $300–$1,000 plus penalties and assessments Fine of $500–$2,000 plus penalties and assessments

INTERPRETER’S STATEMENT (if applicable)

I, _________________________________________________ have been duly sworn or I am a certified language interpreter and I have an oath on file. I have translated this form to the defendant in the _______________ language. The defendant confirmed he/she understood the contents of the form and he/she then completed the form.

Dated: _____________________________ Signed: ______________________________________________________________ Interpreter

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Form Adopted for Optional Use www.placer.courts.ca.gov Superior Court of California, County of Placer Page 2 of 2 Form No. PL-CR018 Effective 07-08-2024