Santa Cruz — SUPCR-1105

Source: https://www.santacruz.courts.ca.gov/sites/default/files/pdfs/POST%20%28WEB%29%20SUPCR%201105%20Addendum%20to%20DUI%20Advisement.pdf

SUPCR 1105 ATTORNEY OR PARTY WITHOUT AN ATTORNEY (Name, State Bar number, and address): FOR COURT USE ONLY NAME: ADDRESS: CITY, STATE, ZIP:

TELEPHONE NO: FAX NO. (Optional): EMAIL ADDRESS (Optional): ATTORNEY FOR (Name):

SUPERIOR COURT OF CALIFORNIA, COUNTY OF SANTA CRUZ 701 Ocean Street, Room 120 Santa Cruz, CA 95060 Santa Cruz Branch vs. DEFENDANT: CASE NUMBER: ADDENDUM TO DUI ADVISEMENT OF RIGHTS, WAIVER, AND PLEA FORM DEPARTMENT:

INSTRUCTIONS

Fill out this form if, in addition to the DUI charges against you, it is alleged that: (A) you willfully refused to submit to, or complete, a chemical test to determine your blood-alcohol level; (B) you have committed a prior specified offense within 10 years which resulted in a felony conviction; (C) you had one or more passengers under the age of 14 in the vehicle at the time of the offense; or (D) you drove with an excessive speed at the time of the offense.

Check the applicable box(es) below. Place your initials after the item only if you understand it, and sign the form on page 3. If you have any questions, ask your attorney or the judge.

INITIALS A. WILLFUL REFUSAL (Vehicle Code § 23577)

I understand that it is alleged that I willfully refused to submit to, or complete, a breath, blood, or urine test following a peace officer’s request to do so and advisement to me of the consequences of refusing to do so.

I understand that I have all of the constitutional rights set forth in the DUI Advisement, Waiver and Plea form that I competed in this case with regard to my alleged refusal to submit to, or complete, a chemical test. I freely and voluntarily give up each of these constitutional rights with regard to this allegation and admit that I willfully refused to submit to, or complete, a chemical test in this case.

I understand that as a result of my admission, the sentences set forth in the penalty chart on the DUI Advisement, Waiver, and Plea form will be enhanced as follows (see next page for violation of section 23153):

1. VIOLATION OF VEHICLE CODE §23152 a. First Offense (Enhancement applies only if probation is granted) - I will not be eligible for option (B) as set forth in the penalty chart in the DUI Advisement, Waiver, and Plea form. b. Second Offense - My sentence will be increased by 96 hours in the county jail. c. Third Offense - My sentence will be increased by 10 days in the county jail. d. Fourth or Subsequent Offense - My sentence will be increased by 18 days in the county jail.

Form Adopted for OPTIONAL USE ADDENDUM TO DUI ADVISEMENT OF RIGHTS, Page 1 of 3 Superior Court of Santa Cruz County WAIVER, AND PLEA FORM Vehicle Code § 23152SUPCR 1105 01/01/20

PEOPLE OF THE STATE OF CALIFORNIA vs. CASE NUMBER: DEFENDANT: 2. VIOLATIONVIOLATIONVIOLATIONVIOLATIONVIOLATION OFFFF VEHICLEVEHICLEVEHICLEVEHICLE CODE §23153 a. FirstFirstFirstFirstFirstFirstFirstFirst Offense - My sentence will be increased by 48 continuous hours in the county jail. b. SecondSecondSecondSecondSecondSecondSecondSecond Offense - My sentence will be increased by 96 hours in the county jail. B. PRIORRIOR DUI-RELATED FELONY CONVICTION WITHIN 10 YEARS INITIALS (Vehicle Code § 23550.5)

I understand that it is alleged that I committed a violation of Vehicle Code § 23152 (DUI) or § 23153 (DUI with injury) within 10 years of one of the following:

1. AA priorprior violation of Vehicle Code § 23152 which resulted in a felony conviction; or
2. AA priorprior violation of Vehicle Code § 23153 which resulted in a felony conviction; or
3. A prioror violation of Penal Code § 191.5 (gross vehicular manslaughter while intoxicated), or Penal Code §§ 192(c)(1) or 192(c)(3) (vehicular manslaughter), which resulted in a felony conviction.

I understand that I have all of the constitutional rights set forth in the DUI Advisement, Waiver, and Plea form that I completed in this case with regard to the allegation that the DUI offense occurred within 10 years of one of the felony convictions described above. I freely and voluntarily give up each of these constitutional rights with regard to this allegation and admit that the DUI offense occurred within 10 years of one or more of the felony convictions described above.

I understand that as a result of my admission, the penalties on the penalty chart in the DUI Advisement, Waiver, and Plea form will not apply in my case. Instead, the Court will sentence me to imprisonment for either: (a) 16 months, or 2 or 3 years in state prison, or (b) not more than one year in the county jail. The Court will also impose a fine of from $390 to $1,000, plus assessments.

In addition, my driver’s license will be revoked by the DMV for 4 years. However, if my offense is a violation of section 23153 and I have two other DUI-related convictions within 7 years, my driver’s license will be revoked for 5 years. Furthermore, if I have committed a violation of Vehicle Code §23152, I will be designated as an “habitual traffic offender” which will result in enhanced penalties if I drive in violation of my license revocation.

I also understand that I must successfully complete an alcohol/drug program in order to have my driver’s license reinstated by the DMV, even if I am not ordered to attend such a program by the Court.

INITIALS C. PASSENGERASSENGER UNDER 14 YEARS OF AGE (Vehicle Code § 235572)

I understand that it is alleged that I committed a violation of Vehicle Code § 23152 and that there were one or more minor passengers under the age of 14 in the vehicle at the time of the alleged offense.

I understand that I have all of the constitutional rights set forth in the DUI Advisement, Waiver, and Plea form that I completed in this case with regard to the allegation that there were one or more minor passengers in the vehicle at the time of the alleged offense. I freely and voluntarily give up each of these constitutional rights with regard to this allegation and admit that there were one or more passengers under the age of 14 in the vehicle at the time of the alleged offense. I understand that as a result of my admission, the sentences for my offense in the penalty chart in the DUI Advisement, Waiver, and Plea form will be enhanced as follows:

1. Firstirst Offense - My sentence shall be enhanced by 48 continuous hours in the county jail.
2. SecondSecond Offense - My sentence shall be enhanced by 10 days in the county jail.
3. ThirdThird Offense - My sentence shall be enhanced by 30 days in the county jail.
4. FourthFourth or Subsequent Offense - My sentence shall be enhanced by 90 days in the county jail.

Form Adopted for OPTIONAL USE ADDENDUM TO DUI ADVISEMENT OF RIGHTS, Page 2 of 3 Superior Court of Santa Cruz County WAIVER, AND PLEA FORM Vehicle Code § 23152SUPCR 1105 01/01/20

PEOPLE OF THE STATE OF CALIFORNIA vs. CASE NUMBER: DEFENDANT:

INITIALS

D. EXCESSIVEXCESSIVE SPEED (Vehicle Code § 23582)

I understand that it is alleged that I was recklessly driving 30 or more miles per hour above the speed limit on a freeway, or 20 or more miles per hour above the speed limit on any other street or highway, during the commission of a violation of Vehicle Code § 23152 or § 23153.

I understand that I have all of the constitutional rights set forth in the DUI Advisement, Waiver, and Plea form that I completed in this case with regard to this allegation of excessive speed at the time of my alleged offense. I freely and voluntarily give up each of these constitutional rights with regard to this allegation and admit that I was driving at an excessive speed as alleged.

I understand that as a result of my admission, my sentence shall be enhanced by an additional consecutive term of 60 days in the county jail, in addition to the sentence which is indicated on the penalty chart in the DUI Advisement, Waiver, and Plea form. If this is my first offense, the Court shall also order me to complete an alcohol/drug program, even if probation is not imposed.

** DEFENDANT’S SIGNATURE: SIGN DATE:

INTERPRETER’S STATEMENT (if applicable)

I, having been sworn or having a written oath on file, certify that I truly translated this form to the defendant in the language indicated below. The defendant stated that they understood the contents of the form, and then initialed and signed the form. Language:Language:Language: Spanish Other (specify):

SIGN

COURT INTERPRETER’S SIGNATURE TYPE OR PRINT NAME DATE

Form Adopted for OPTIONAL USE ADDENDUM TO DUI ADVISEMENT OF RIGHTS, Page 3 of 3 Superior Court of Santa Cruz County WAIVER, AND PLEA FORM Vehicle Code § 23152SUPCR 1105 01/01/20