Tuolumne — TUO-CR-200

Source: https://www.tuolumne.courts.ca.gov/system/files/forms-and-filings/tuo-cr-200-misdemeanor-advisement-rights-waiver-plea-3-4-2026.pdf

TUO-CR-200 SUPERIOR COURT OF CALIFORNIA Space below for use of Court Clerk only COUNTY OF TUOLUMNE 12855 Justice Center Drive Sonora, CA 95370 Phone: (209) 533-5563

The People of the State of California,

Plaintiff,

vs.

Case Number:

Defendant.

MISDEMEANOR ADVISEMENT OF RIGHTS, WAIVER AND PLEA FORM

1. I hereby freely and voluntarily plead ____ guilty or ____ no contest to:____________________ ___________________________________________________________________________. _______

2. I understand that a plea of no contest (nolo Contendere) will have exactly the same effect in this case as a plea of guilty, but it cannot be used against me in a civil lawsuit. _______

3. I understand that if I am not a citizen of the United States, I am advised that conviction of the offense for which I 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. _______

4. I have been advised of, understand and knowingly and intelligently waive each of the following constitutional rights: a) To an attorney to represent me at all stages of the proceeding. If I cannot afford to hire an attorney, the court will appoint one to represent me. _______ b) To have a speedy and public trial by court or by jury. At the trial I am presumed to be innocent and the prosecution has the burden of proving me guilty beyond reasonable doubt. _______ c) To confront and cross-examine all witnesses testifying against me. _______ d) To present evidence and to have the Court issue subpoenas to bring into court witnesses or evidence favorable to me, at no cost. _______ e) To testify on my own behalf if I choose, or to remain silent and not incriminate myself. By pleading guilty or no contest I am incriminating myself. _______

5. I understand the charge(s) against me, the elements thereof, and the possible pleas and defenses. _______

6. I understand the minimum and maximum penalties for the offense(s) I am charged with. _______

7. I understand that this conviction could be used against me in the future as a prior conviction that could increase any penalties for future convictions, or could be used to violate my probation or parole which has been granted in another case. _______

MISDEMEANOR ADVISEMENT OF RIGHTS, WAIVER AND PLEA FORM

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Form Adopted for Mandatory Use - Local Rules of the Superior Court of California Page 1 of 4 TUO-CR-200 (Revised March, 2026)

8. No promises, or threats to me or anyone close to me, or inducements have been made in connection with this plea except:___________________________________________________ ____________________________________________________________________________. _______

9. 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, a Superior Court Commissioner. _______ DEFENDANT’S STATEMENT

I am aware of and understand each of the above items. I have initialed those items as proof thereof. I hereby freely and voluntarily waive my rights and enter a plea to the listed charge(s).

Defendant’s signature: ____________________________________ Dated: ________________________

ATTORNEY’S STATEMENT

I am the attorney of record for the defendant. I have reviewed the form and any addenda with my client. I have explained each of the defendant’s rights to the defendant, and answered all of the defendant’s questions with regard to this plea. I have also discussed the facts of the defendant’s case with the defendant, and explained the consequences of this plea, the elements of the offense(s), and the possible defenses. I concur in this plea, and in the defendant’s decision to waive his or her constitutional rights.

Date: _______________________ ____________________________________________ Signature of Defendant’s Attorney

INTERPRETER’S STATEMENT

Having been sworn or having a written oath on file, I certify that I truly translated this form and any addenda to the defendant in the _______________________ language. The defendant stated that (s)he understood the contents of the form, and then (s)he initialed and signed the form in my presence.

Date: _______________________ ____________________________________________ Interpreter’s Signature

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Printed Name of Interpreter

COURT’S FINDINGS AND ORDER

The Court finds that the defendant has expressly, knowingly, voluntarily and intelligently waived his or her constitutional rights. The Court finds that the defendant’s plea(s) and admission(s) are freely and voluntarily made and that there is a factual basis for the plea(s). The Court accepts the defendant’s plea(s) and admission(s), if any, and orders this form and any applicable addendum filed and incorporated by reference.

Date: _______________________ ____________________________________________ JUDGE OF THE SUPERIOR COURT

MISDEMEANOR ADVISEMENT OF RIGHTS, WAIVER AND PLEA FORM

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Form Adopted for Mandatory Use - Local Rules of the Superior Court of California Page 2 of 4 TUO-CR-200 (Revised March, 2026)

ADDENDUM TO ADVISEMENT, WAIVER AND PLEA FORM SENTENCES FOR DRIVING UNDER THE INFLUENCE OF ALCOHOL AND/OR DRUGS (23152) Offense Min./Max. When Probation Granted Min./Max. Without Probation First Offense in Fine of $1,485 to $3,620 (including penalty assessments) and Fine of $1,485 to $3,620 10 years attendance at a 3 month alcohol/drug program (or 9 month (including penalty assessments); program if my blood alcohol was .20 or more, or if I refused a 96 hours to 6 months in jail, and chemical test) plus either: a 6-month driver’s license (a) 48 hrs to 6 months in jail and a 6 month driver’s license suspension. suspension; or (V.C.§ 23536) (b) A 90-day driver’s license restriction for work and alcohol/drug program attendance only. However, if offense occurred in vehicle requiring a Class A or B license, my license shall be suspended for 6 months. (V.C.§ 23538) Second Offense in 10 Fine of $1,485 to $3,620 (including penalty assessments) plus Fine of $1,485 to $3,620 years either: (including penalty assessments); (a) 10 days to 1 year in jail and a 2 year license suspension; or 90 days to 1 year in jail, and a (b) 96 hrs to 1 year in jail (96 hrs to be served in 2 increments license suspension for the of 48 hrs each) and an 18 (or 30) month alcohol/drug program, duration of the sentence. and a restricted driver’s license for work and program (V.C. §23540) attendance only. This option is not available to me if the offense occurred in a vehicle requiring a class A or B driver’s license. (V.C. § 23542) Third Offense in 10 Fine of $1,485 to $3,620 (including penalty assessments) plus Fine of $1,485 to $3,620 years 120 days to 1 year in jail and a 3-year driver’s license (including penalty assessments); revocation. If no previous completion of an alcohol/drug 120 days to 1 year in jail, and a program, an 18 or 30 month program. (V.C. § 23548) three-year license revocation. (V.C. §23546) Fourth Offense in 10 Fine of $1,485 to $3,620 (including penalty assessments), 180 Fine of $1,485 to $3,620 years days to 1 year in jail, a 4-year driver’s license revocation. (including penalty assessments); License may not be re-instated until successful completion of 18 180 days to 1 year in jail and a 4- or 30-month alcohol/drug program. (V.C. §23552) year driver’s license revocation. (V.C. §23550) Or 16 months-2 years-3 years in State Prison Offense Minimum/Maximum Sentence (with or without probation) (V.C. §§ 23103 and 23103.5) Reckless Driving Fine of $639 to $3,620 and/or 5 to 90 days in jail. When Reduced from Fine of $639 to $3,620 and/or 5 to 90 days in jail, plus enrollment in alcohol/drug program, and § 23152 conviction to count as a DUI prior for a period of ten years

SENTENCES FOR DRIVING WITH SUSPENDED, REVOKED OR RESTRICTED LICENSE

OFFENSE FIRST OFFENSE (NO PRIOR WITHIN 5 YEARS) SECOND OR SUBSEQUENT OFFENSE

§ 14601 Fine of $1,170 to $3,620; jail for 5 days to 6 (Includes priors for §§ 14601.1, 14601.2 and months. 14601.5.) § 14601.1 Fine of $1,170 to $3,620; and/or jail for up to 6 (Includes priors for §§ 14601, 14601.2 and months. 14601.5.) Fine of $1,880 to $7,020 and jail for 5 days to 1 year. § 14601.2 Fine of $1,170 to $3,620; jail for 10 days to 6 (Includes priors for §§14601, 14601.1 and months. Ignition interlock device mandatory. 14601.5.) Fine of $1,880 to $7,020 and jail for 30 days to 1 year. Ignition interlock device mandatory. § 14601.3 Fine of $3,620 and jail for 30 days. (Within 7 years, includes priors for §14601.3 only.) Fine of $7,020 and jail for 180 days. § 14601.5 Fine of $1,170 to $3,620 and/or jail for up to 6 (Includes priors for §§14601, 14601.1 and months. 14601.2.) Fine of $1,880 to $7,020 and jail for 10 days to 1 year.

MISDEMEANOR ADVISEMENT OF RIGHTS, WAIVER AND PLEA FORM

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ADDENDUM TO ADVISEMENT, WAIVER AND PLEA FORM (CONTINUED)

1. I have read and understand the penalty chart on the previous page that lists the minimum and maximum sentences for the offense(s) I am charged with. _______

2. I have read and understand the following 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.” _______

3. I understand that the DMV may restrict, suspend or revoke my driver’s license under a procedure which is separate from this criminal action and I understand that DMV’s action, if any, will be in addition to the Court’s sentence and I must obey it. _______

4. 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 license restriction, suspension or revocation as a result. _______

5. I understand that the DMV will not issue a restricted driver’s license or restore my driving privilege following a restriction, suspension or revocation unless I have proof of insurance for 3 years. DMV will suspend my driver’s 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. _______

6. I understand that I must successfully complete an alcohol/drug program in order to have my driving privilege reinstated following any license restriction, suspension or revocation which is imposed on me, even if I am not ordered to attend such a program by the court. _______

7. If applicable: I understand that if my blood-alcohol level was .20 percent or above, or if I refused to submit to a chemical test, the Court will consider this in determining whether to enhance the penalties, grant probation or impose additional terms of probation. _______

8. If applicable: I understand that if I am the registered owner of the vehicle used in the offense: A. The Court will impound my vehicle for up to 90 days, unless it is in the interests of justice not to do so. The Court may also declare my vehicle to be a nuisance and order it sold following a hearing if I have 2 or more other convictions for DUI, vehicular manslaughter or any combination thereof, in the past 10 years. _______ B. I may be required to install an ignition interlock device (IID) for up to 3 years. Installation of this device , which prevents the vehicle from starting if I have alcohol in my body, does not authorize me to drive without a valid driver’s license. _______ C. If I am convicted of a second or subsequent violation of driving with a suspended or revoked license or driving without a license, my vehicle will be subject to forfeiture as a nuisance. _______

9. 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 DMV to delay issuing a license to me for 1 year after I become eligible to drive. _______

   DEFENDANT’S STATEMENT

I am aware of and understand each of the above items regarding the additional consequences of my plea in this case. I have initialed those items as proof thereof.

Dated: _________________________ Defendant’s signature:____________________________________

MISDEMEANOR ADVISEMENT OF RIGHTS, WAIVER AND PLEA FORM

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