Sutter — Misdemeanor Entry of Plea - 23152

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

Si:JPERIOR COURT OF CALiFORNIA, COUNTY OF SUTTER MiSDEMEANOR ENTRY OF PLEA

People of• th.؛ State 6f California, Plaintiff Case No .. __________ -vs- Misdemeanor Entry of Plea

Defendant.

Comes now the Defendant above-named represented by • and offers to: [X] Enter plea(s) of gullty/no con.test to ttie ch 9 rge(s) Defendant v!olateo the following Code Sectlon(s) ____ Vehicle Code §23152( ) [X] as set forth In the complaint or information [ ) admitting the truth of the alleged prior convlctlon(s) as set forth In the complaint or Information [X] on the following terms and conditions A. [ ] The Court d·ismlsses, on the motion of the District Attorney, the following charge(s): ___

B. [X] That the Court Impose only the following judgment:
_ _Jg months summary probation __ search terms for narcotics and paraphernalia
$ 1798fine + $ __ conviction assessment(s) • • . alcohol/weapons/firearms/stolen property •

؜ hours In county jail _2:QL DUI school/SB-38/batterer's treatment class $..l.S.Q. restitution fine + collection fee anger management/teen alcohol program _2:QL chemical test narcotics/alcohol ؝ $70 add I per count on misdemeanor conviction $75 addl per count on infraction conviction er:

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 convlctlon(s) alleged and admitted: _( ] 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 compelled to plead guilty or testify against myself. b7 I understand the consequences of my plea are: [X ] 1. The maximum sentence ls $3800 and/or 2 months In the county jail; _[X ] 2. Must serve not less than___hours/days In the county jail , and pay of fine of not less than llm:, _[X ] 3. The re 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 §14;601:5 with prior. _(X] 5. A conviction may be used to violate your probation or parole, and you may be seAtenced to maximum term. _( ] 6. If appllcabl ؞ - I understand that If I was und.er the age or 21 at the tlm ؟ 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 ؠave a valid driver's license, the Court will order the Department of Motor Vehicles (OMV) to de,l_py issuing a license to n,e for 1 years after I become ءllglble to drive. _[ ] 7. I understand that the DMV will ptevent me from operating a commercial -vehicle for one year if I was operating .a commercial vehicle at the time of the offense. The DMV will also revoke my driver's llcensآ for a period of 4 years if I have a prior felony conviction In· the past 10 years of Vehicle Code §'23152 or '§23153, or Penal Code §191.S, §192(c)(1) or §192(c)(3). _[ ] 8. A plea of no contest carries the same possible penalties, from the court and/or the Department of Motor Vehicles as a guilty plea.

06/14

__ [X] 9. 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 mlnimm of 90 days In the county jail. If probation Is grantel probation te;ms 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 leai;t 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 fdurth 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 recklss) is treated as a §23152 prior. __ [X ] 10. 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 United States, denied citizenship to the United States and ,denied re-entry into the United States should you leave the country. __ [X ]11. I understan9 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 as a result of my driving, someone Is killed, I can be charged with murder. __ [X ]12. I understand that the Court may order my vehicle Impounded at my expense for up to 30 days. It may also require me to install an ignition interlock device (IID) for up to three years. Installation of this i device, which prevents the vehicle from starting if I have alcohol in my body, does not authorize me to I drive without a valid license. • I ., __ [X ]13. 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 will begin only upon reinstatement of my driving privilege following completion of the DMV's action, unless the DMV's action is set aside. __ (X ]14. 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 understan·d that I must surrender my license to the Court if my license is suspended. __ [X] 15. I understand that the DMV will not Issue a restricted driver's licens~ or restore my driving privilege following a restriction or suspension unless I have proof of insurance for 3 years. The OMV 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 ]16. I understand that the DMV may consider any of my otner 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. _[ )17. -------,-----------------------~------ __ [X ]18. I understand that I have the right not to qe 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 constitutionql rights, all possible defenses, and all consequences connected with the entry of plea with the defen.dant 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 plea(s)/admlssion(s). The plea(s)/admlssion(s) ls/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

06/14