OUNTY .OF. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ...... .. : : Index No. Calendar No. Reserved for Clerk’s File Stamp SUPERIOR COURT OF CALIFORNIA : JUDICIAL SUBPOENA Plaintiff(s) COUNTY: -against- : PLAINTIFF: PEOPLE OF THE STATE OF CALIFORNIA DEFENDANT: : : Defendant(s) DUI ADVISEMENT OF RIGHTS, WAIVER, AND PLEA FORM : ................................................... CASE NUMBER: DEPARTMENT (Vehicle Code § 23152) INSTRUCTIONS E PEOPLEout this form if you NEW YORK guilty or no contest to the charges against you. Initial the box for each Fill OF THE STATE OF wish to plead applicable item only if you understand it, and sign and date the form on page 5. If you have any questions about your case, the possible sentence, or the information on this form, ask your attorney or the judge. RIGHT TO AN ATTORNEY 1. I understand that I have the right to be represented by an attorney throughout the proceedings. I EETINGS: understand that the Court will appoint a free attorney for me if I cannot afford to hire one, but at the end of the case, I may be asked to pay all or part of the cost of that attorney, if I can afford to. understand that there are dangers and disadvantages to giving up my of you an attorney, WEI COMMAND YOU, that all business and excuses being laid aside, you and each right toattend before and that it is almost always unwise to represent myself. Court . . . . . . . . . . . . . . ., . . . Honorable at the located at unty of NATURE OF THE CHARGES (Complete all items you are charged with.) oom I understandthe I am charged with a violation at Vehicle Codein the , on that day of , 20 , of o'clock section(s): noon, and at any recessed adjourned date, to testify and give evidence as a witness in this action on the part of the 2. 23152(a) - Driving under the influence of alcohol or drugs, or both. . . . . . . . . . . . . . 3. 23152(b) - Driving when my blood-alcohol level was .08 percent or higher. . . . . . . . . . . 4. 23152(d)to Driving with this subpoena is punishable as a contempt of level was will make you liable to Your failure - comply a commercial vehicle when my blood-alcohol court and .04 percent or higher. . party 5. whose behalf this Reckless was issued for a maximumor drugs, or both. .all.damages sustained .as .a . . on 23103, 23103.5 - subpoena driving involving alcohol penalty of $50 and . . . . . . ult of yourCheck if applicable 6. failure to comply. 14601 or 14601.1 or 14601.2 or 14601.5 Driving in knowing violation of a driver’s license restriction, suspension, or revocation. . . . . . Witness, Honorable , – Accumulating of the 7. Check if applicable 14601.3 (Habitual traffic offender) one of the Justicesa driving record history urt in County, day of , suspension or revocation. . . . . . . . . . . . . in knowing violation of a driver’s license 20 INITIALS 1. 2. 3. 4. 5. 6. 7. 8. If applicable - I understand that I am also charged with the following other offense(s): 8. (Attorney must sign above and type name below) TYPE OF OFFENSE(S) AND SECTION NUMBER(S) 9. If applicable - I am also charged with having the following other conviction(s): Attorney(s) for 9. LIST OFFENSE(S), CASE NUMBER(S) AND DATE(S) 10. If applicable - I am also charged with violating the probation order(s) in the following case(s): 10. Office and P.O. Address CASE NUMBER(S) AND DATE(S) 11. I understand the charge(s) against me, and the possible pleas and defenses. . . . . . . . . 11. CONSTITUTIONAL RIGHTS Telephone No.: have the right 12. RIGHT TO A JURY TRIAL - I understand that IFacsimile No.: to a speedy, public jury trial. At the E-Mail be convicted unless 12 impartial jurors were trial, I would be presumed innocent, and I could not Address: convinced of my guilt beyond a reasonable doubt. . Tel.. No.: . . . . . . . . . . . . . . . . Mobile . 76A298L PRU-101 (Rev. 1-2003) Continued on reverse American LegalNet, Inc. www.USCourtForms.com 12. Page 1 of 6 OUNTY .OF. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ...... .. : Index No. CONSTITUTIONAL RIGHTS (Continued) : Calendar No. 13. RIGHT TO CONFRONT WITNESSES - I understand that I have the right to confront and crossexamine all witnesses testifying against me. . . : . . JUDICIAL .SUBPOENA . . . . . . . . . . . . . . . . Plaintiff(s) 14. RIGHT AGAINST SELF-INCRIMINATION - I understand that I have the right to remain silent and not -against: incriminate myself, and the right to testify on my own behalf. I understand that by pleading guilty or no contest, or admitting other conviction(s) or :probation violation(s), I am incriminating myself. 15. RIGHT TO PRODUCE EVIDENCE - I understand that I have the right to present evidence and to : have the Court issue subpoenas to bring into court all witnesses and evidence favorable to me, at no cost to me. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Defendant(s) : . . . . .RIGHTS .ON . . . . . . . . . . .OF. OTHER .CONVICTION(S) AND PROBATION VIOLATION(S) . . . . . . . . . . CHARGES . . . . . . . . . . . . . . . . . . . . . . 16. If applicable - I understand that I have the right to an attorney, the right to a jury trial, the right to confront witnesses, the right against self-incrimination, and the right to produce evidence and witnesses for all charges against me, including other alleged conviction(s) or probation E PEOPLE OF THE STATE OF NEW YORK violation(s). However, for a charge of violating probation, I do not have the right to a jury trial, but I do have the right to a hearing before a judge. . . . . . . . . . . . . . . . . . . . . INITIALS 13. 14. 15. 16. WAIVER OF RIGHTS Understanding all of the above, for all of the charges against me, including any other alleged conviction(s) or probation violation(s): EETINGS: 17. I give up my right to an attorney, and I choose to represent myself. (Does not apply if you have an attorney.) WE give up my YOU, a jury trial. . . . . . . . 18. I COMMANDright tothat all business and excuses being .laid aside, you and each of. you attend.before . . . . . . . . . . . . . . . , Honorable at the Court 19. located at unty of I give up my right to confront and cross-examine witnesses. . . . . . . . . . . . . . . to remain silent and to not incriminate myself. . . noon, and. at .any recessed . . . . . . . . . oom 20. I give up the right day of , on my , 20 , at o'clock in the adjourned I give up my right give evidence as a witness inwitnesses on my part of the date, to testify and to produce evidence and this action on the own behalf. . . . . . . . . . . 21. 17. 18. 19. 20. 21. CONSEQUENCES OF PLEA OF GUILTY OR NO CONTEST 22. I understand that if I am not a citizen, a plea of guilty or no contest could result in my deportation, Your failure tofrom admission to this country, or denial a contempt of court .and. will make .you liable to . . exclusion comply with this subpoena is punishable as of naturalization. . . . . . . . party on whose behalf this subpoena was issued for a maximum penalty of $50 and all damages sustained as a 23. understand that ult of yourI failure to comply. 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 unless the offense is punishable as a felony. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Witness, Honorable , one of the Justices of the 24. I understand that any plea entered in ,this case may be grounds for revoking probation or parole urt in County, day of 20 which has previously been granted to me in any other case. . . . . . . . . . . . . . . . 25. I understand that the Department of Motor Vehicles (DMV) may consider any of my other convictions for DUI or reckless driving, even those that are not charged inname below) (Attorney must sign above and type this proceeding, and may impose a more severe license restriction, suspension, or revocation as a result. . . . . . . . 26. I understand that in addition to the fine, the Court will add assessments which will significantly increase the amount I must pay. I will also beAttorney(s) for ordered to make restitution and to pay a restitution fine of $100 to $1000 (or $200 to $10,000 if the offense is a felony) unless the Court finds compelling and extraordinary reasons not to do so. . . . . . . . . . . . . . . . . . . 27. 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 Office and P.O. Address penalties, grant probation, or impose additional terms of probation. . . . . . . . . . . . . 28. 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 at my expense for up to 90 days, unless it is in the interests Telephone No.: of justice not to do so. The Court may also declare my vehicle to be a nuisance and order it sold Facsimile No.: following a hearing if I have 2 or more other convictions for DUI, vehicular manslaughter (Penal E-Mail Address: Code §§ 191.5 or 192(c)(3)), or any combination thereof, in the past 7 years. . . . . . . . . Mobile Tel. No.: 76A298L PRU-101 (Rev. 1-2003) See next page American LegalNet, Inc. www.USCourtForms.com 22. 23. 24. 25. 26. 27. 28A. Page 2 of 6 OUNTY .OF. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ...... .. : Index No. : Calendar No. CONSEQUENCES OF PLEA OF GUILTY OR NO CONTEST (Continued) : B. The Court may also require me to install an ignition interlock device (IID) for up to three years. JUDICIAL SUBPOENA Plaintiff(s) If this is my first offense, heightened consideration will be given to required IID installation if the -against: factors in item No. 27 (page 2) exist, or if I have two or more prior moving traffic violations. 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 (V.C. § 14601 et seq.) or driving without a license (V.C. § 12500(a)), my vehicle will be subject to forfeiture as a nuisance. . . . . . . . . . . . . . . . . . . . . . . . . . Defendant(s) : ................................................... INITIALS 28B. 28C. SENTENCES FOR DRIVING UNDER THE INFLUENCE OF ALCOHOL AND/OR DRUGS (Section 23152) Offense Minimum and Maximum Sentences when Probation is Granted Minimum and Maximum Sentences without Probation ( E PEOPLE OF THE STATE OF NEW YORK 3 to 5 Years Probation Term) First offense within 7 years See Nos. 29-33 EETINGS: Two options, both requiring a fine of $390 to $1,000, attendance at a 3-month alcohol/drug program (or a 6-month program if my blood-alcohol content was .20 percent or more, or if I refused a chemical test at arrest), plus either: (A) 48 hours to 6 months in jail, and a 6-month driver's license suspension; or (B) A 90-day driver’s license restriction allowing driving for work and alcohol/drug program attendance only. However, my driver's license shall be suspended for 6 months if the offense occurred in a vehicle which requires a class A or B driver’s license. Two options, both carrying a fine of $390 to $1,000, plus either: 96 hours to 6 months in jail, $390 to $1,000 fine, and a 6-month driver’s license suspension. Second WE COMMAND YOU, that all business and excuses being laid aside, you and each of you attend before1 year in jail, $390 to 90 days to offense (A) 10 days to 1 year in jail, at the 2-year driver’s license suspension; or and a , Honorable 7 years Court $1,000 fine, and a 2-year driver's within (B) 96 hours to 1 year in jail (the 96 hours will be served in 2 increments of a license suspension. located at unty of continuous 48-hours each); an 18-month (or 30-month) alcohol/drug program, and oom See Nos. 29-33 the a driver’s license restriction,allowing ,driving only o'clock in the , on day of 20 at noon, and at for work and program attendance any recessed adjourned date, to testify and give evidence program. My license shall instead be suspended for 2 years as a witness in this action on the part of the for the duration of the if the offense occurred in a vehicle which requires a class A or B driver’s license. Third offense within 7 years 120 days to 1 year in jail, $390 to $1,000 fine, and a 3-year driver's make license revocation. you liable to 120 days to 1 year in jail, $390 to $1,000 fine, a 3-year driver's license revocation, and an 18-month alcohol/drug program if I have not completed one before. See Nos. 29-34 Your failure to comply with this subpoena is punishable as a contempt of court and will 16 months, a Fourth or party on whose behalf this subpoena was issued for a maximum penalty of $50 and all damages sustained asor 2 or 3 years in state 180 days to 1 year in jail, $390 to $1,000 fine, a 4-year driver's license revocation, prison, (or 180 days to 1 year in subsequentto comply. ult of your failure and an 18-month alcohol/drug program if I have not completed one before. offense within 7 years See Nos. 29-34 Witness, Honorable , one of the Justices of the urt in County, day of , 20 ADDITIONAL PENALTIES FOR A VIOLATION OF SECTION 23152 county jail); $390 to $1,000 fine, and a 4-year driver’s license revocation. INITIALS 29. I understand that the DMV may restrict, suspend, or revoke my driver’s license under a procedure which is separate from this criminal action. (Attorney must sign above and DMV’s action, if any, will be in I understand that the type name below) addition to the Court’s sentence and that I must obey it. . . . . . . . . . . . . . . . . 29. 30. I understand that the DMV will not issue a restricted driver’s license or restore my driving privilege Attorney(s) I have proof of insurance for 3 years. The following a restriction, suspension, or revocation unless for 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. . . . . . . . . . . . . . 30. 31. I understand that I must provide the DMV with proof of my successful completion of an Office and P.O. reinstated, even if I am not ordered to alcohol/drug program in order to have my driving privilege Address attend such a program by the Court. I also understand that I must surrender my license to the Court if my license is suspended or revoked. . . . . . . . . . . . . . . . . . . . . . Telephone No.: 32. I understand that the DMV will prevent me from operating a commercial vehicle if I was operating Facsimile No.: a commercial vehicle at the time of the offense. The DMV will also revoke my driver's license for conviction in the a period of 4 years if I have a prior felony E-Mail Address: past 10 years of Vehicle Code §§ 23152, 23153, or Penal Code §§ 191.5, 192(c)(1) orTel. No.: Mobile 192(c)(3). . . . . . . . . . . . . . . 76A298L PRU-101 (Rev. 1-2003) 31. 32. American LegalNet, Inc. www.USCourtForms.com Continued on reverse Page 3 of 6 OUNTY .OF. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ...... .. : Index No. ADDITIONAL PENALTIES FOR A VIOLATION OF SECTION 23152 (Continued) : Calendar No. 33. 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 Plaintiff(s) have a valid driver’s license, the Court will order theJUDICIAL SUBPOENA DMV to delay issuing a license to me for 1 year after I become eligible to drive. . . . . : . . . . . . . . . . . . . . . . . . . -against- 34. If applicable - I understand that if I am convicted of a third or subsequent DUI violation: : A. I will be designated as an habitual traffic offender for 3 years after my conviction, and I will receive an enhanced sentence if I drive in violation of my license revocation. . . . . . . . : B. If probation is granted, I may request to participate in a 30-month treatment program. This Defendant(s) : . . . . . . . . .program . includes. .between .120 . and. . . . . .hours of community service. If the Court grants my . . . . . . . . . . . . . . . . . . . . . . . . . . . 300 . . . . request, I will be sentenced to the county jail for at least 30 days but not more than 1 year as a condition of probation, instead of the jail term specified in the chart on page 3. . . . . . . . . INITIALS 33. 34A. 34B. E PEOPLE OF THE STATE OF NEW YORK SENTENCES FOR RECKLESS DRIVING (Sections 23103, 23103.5) Nature of Offense Reckless driving reduced from driving under the EETINGS: influence Minimum and Maximum Sentences If probation is granted: If probation is not granted: Other Consequences A maximum of 90 days in jail, or $1,000 fine, or both, plus attendance at a treatment program. 5 days to 90 days in jail, or $145 to $1,000 fine, or both. If alcohol or drugs are involved, this conviction will act as a separate DUI conviction if I commit a subsequent DUI offense within 7 years. WE COMMAND YOU, that all business and excuses being laid aside, you and each of you attend before , Honorable SENTENCES FOR DRIVING IN VIOLATION OF A LICENSE SUSPENSION, REVOCATION, OR RESTRICTION at the Court located at unty of Vehicle Code First Offense Second or Subsequent Offense: oom Section , on the day of , 20 , at o'clock in the I have prior conviction(s) in past 5 years of sections noon, and at any recessed adjourned date, to testify and give evidence as a witness in this action on the part of14601, 14601.1, 14601.2, or 14601.5. the 5 days to 6 months in jail, and a fine of $300 to $1,000. 14601 10 days to 1 year in jail, and a fine of $500 to $2,000. 10 days in jail required if probation is imposed. 5 and will make you liable to Up to 6 this subpoena a fine of $300 as a contempt of 14601.1 Your failure to comply with months in jail, oris punishable to $1,000, or both. courtdays to 1 year in jail, and a fine of $500 to $2,000. party on whose behalf this10 days to 6was issued for a maximum penalty of $50 and days to 1 year sustained a fine of $500 to $2,000. subpoena months in jail, and a fine of $300 to $1,000. 30 all damages in jail, and as a 14601.2 ult of your failure to comply. days in jail required if probation is imposed. 10 30 days in jail required if probation is imposed. Witness, Honorable urt in County, 14601.5 If I have been designated as an habitual traffic offender within 3 years of this conviction, , one of the Justices I will, in addition, be sentenced to serve 180 days in jail and to pay a $2,000 fine. of the day of , 20 Up to 6 months in jail, or a fine of $300 to $1,000, or both. Vehicle Code Section 14601.3 First Offense 10 days to 1 year in jail, and a fine of $500 to $2,000. Note-section 14601.3 also constitutes a prior conviction for this offense. (Attorney must sign above and type name below) Second or Subsequent Offense: Prior conviction(s) in past 7 years of section 14601.3. 30 days in jail, and a fine of $1,000. Attorney(s) for 180 days in jail, and a fine of $2,000. ADDITIONAL PENALTIES FOR A VIOLATION OF SECTIONS 14601, 14601.1, 14601.2 or 14601.5 35. If applicable - I understand that if I am convicted of and P.O. Address Office a violation of Vehicle Code § 14601.2, or if the original charge was for a violation of that section but I am pleading to section 14601, 14601.1 or 14601.5, the Court will require me to install an ignition interlock device (IID) on any vehicle that I own or operate. This order will be imposed for up to three years. Installation of this device, which prevents the vehicle from starting if I have Telephone No.: body, does not authorize me to drive alcohol in my without a valid driver's license. Failure to Facsimile No.: shall result in the suspension of my install the IID driver's license by the DMV. . . . . . . E-Mail. Address: . . . . . . . . . . . . . . . . . . . . Mobile Tel. No.: 76A298L PRU-101 (Rev. 1-2003) See next page American LegalNet, Inc. www.USCourtForms.com INITIALS 35. Page 4 of 6 OUNTY .OF. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ...... .. : : Index No. Calendar No. 36. I have read and understood the applicable charts on pages 3 and 4 which list the minimum and : JUDICIAL 37 for the offenses not listed in Plaintiff(s) maximum penalties for the offense(s) I am charged with. (See No. SUBPOENA the charts.) . . . . . . . . . . . . . :. . . . . . . . . . . . . . . . . . . . -against- INITIALS 36. PENALTIES FOR OTHER OFFENSES : 37. If applicable - I understand that the possible consequences for the offense(s) charged, which are not listed on the penalty charts on pages 3 and :4, include the following: Defendant(s) : o ................................................... SECTION NUMBER JAIL - MIN. MAX. FINE - MIN. MAX. JAIL - MIN. MAX. FINE - MIN. MAX. JAIL - MIN. MAX. FINE - MIN. MAX. OTHER CONSEQUENCES : E PEOPLE OF THE STATE OF NEW YORK o SECTION NUMBER OTHER CONSEQUENCES : o EETINGS: SECTION NUMBER WE COMMAND YOU, that all business and excuses being laid aside, you and each of you attend before OTHER CONSEQUENCES : , Honorable at the Court located at unty of o oom , on NUMBER day of JAIL - MIN. , 20 , at MAX. o'clock in the - MIN. noon, and at any recessed SECTIONthe FINE MAX. adjourned date, to testify and give evidence as a witness in this action on the part of the 37. OTHER CONSEQUENCES : Your failure to comply with this subpoena is punishable as a contempt of court and will make you liable to PLEA(S) party on whose behalf this subpoena was issued for a maximum penalty of $50 and all damages sustained as a 38. I hereby freely and to the following: ult of your failure to comply. voluntarily plead GUILTY OR NO CONTEST Witness, Honorable , one of the Justices of the LIST CHARGE(S) urt in County, day of , 20 39. If applicable - I freely and voluntarily admit the other conviction(s) that I listed on this form. I understand that this admission will increase the penalties which are imposed on me. . . . . . 40. If applicable - I freely and voluntarily admit the probation violation(s) that I listed on this form and (Attorney must sign above and type name below) give up my right to a hearing before a judge regarding the probation violation(s). . . . . . . . 41. I understand that I have the right to a delay of from 6 hours to 5 days prior to being sentenced for a misdemeanor, and the right to a delay of up to 20 days for a felony. I give up this right and agree to be sentenced at this time. . . . Attorney(s) . . . . . . . . . . . . . . . . . . . . . for 38. 39. 40. 41. 42. If applicable - I understand that I have the right to enter my plea before, and to be sentenced by, a judge. I give up this right and agree to enter my plea before, and to be sentenced by: Office and P.O. Address 42. TEMPORARY JUDGE’S NAME ** DEFENDANT’S SIGNATURE: 76A298L PRU-101 (Rev. 1-2003) Telephone No.: Facsimile No.: E-Mail Address: Mobile Tel. No.: DATE: American LegalNet, Inc. www.USCourtForms.com Continued on reverse Page 5 of 6 OUNTY .OF. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ...... .. : : Index No. Calendar No. : STATEMENT Plaintiff(s) ATTORNEY’S JUDICIAL SUBPOENA -against: 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. Defendant(s) : ................................................... SIGNATURE OF DEFENDANT’S ATTORNEY DATE E PEOPLE OF THE STATE OF NEW YORK 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 (s)he understood the contents of the form, and then (s)he EETINGS: initialed and signed the form. Language: Spanish Other (specify): WE COMMAND YOU, that all business and excuses being laid aside, you and each of you attend before , Honorable at the Court located at unty of oom , on the day of , 20 , at TYPE OR PRINT NAME the o'clock in noon, and at any recessed COURT INTERPRETER’S SIGNATURE DATE adjourned date, to testify and give evidence as a witness in this action on the part of the Your failure to comply with this subpoena is punishable as a contempt of court and will make you liable to party on whose behalf this subpoena was issued for a maximum penalty of $50 and all damages sustained as a ult of your failure to comply. COURT’S FINDINGS AND ORDER Witness, Honorable , one of the Justices of the The Court, having reviewed this form and any addenda, and having questioned the defendant concerning the urt in defendant’s constitutional rights and the defendant’s admission of other conviction(s) and probation violation(s), if County, day of , 20 any, finds that the defendant has expressly, knowingly, understandingly 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 with an understanding of the nature and (Attorney must sign above and type name below) consequences thereof, and that there is a factual basis for the plea(s). The Court accepts the defendant’s plea(s), the defendant’s admission of the other conviction(s) and probation violation(s), if any, and orders this form filed and incorporated in the docket by reference as though fully set forth therein. Attorney(s) for Judge of the Superior Court Temporary Judge of the Superior Court DATE Office and P.O. Address Telephone No.: Facsimile No.: E-Mail Address: Mobile Tel. No.: 76A298L PRU-101 (Rev. 1-2003) American LegalNet, Inc. www.USCourtForms.com Page 6 of 6