SUPERIOR COURT OF CALIFORNIA, COUNTY OF IMPERIAL 220 Main Street, Brawley, CA 92227 415 East Fourth Street, Calexico, CA 92231 939 West Main Street, El Centro, CA 92243 2124 Winterhaven Drive, Winterhaven, CA 92283 People of the State of California, vs. FOR COURT USE ONLY Defendant(s): Advisement of Rights, Waiver, and Plea Form First Offense Only ­ Vehicle Code §23152 CASE NUMBER: Fill out this form if you wish to plead guilty or no contest to the charges against you. Initial each applicable item only if you understand it. If you have any questions about your case, the possible sentence, or the information on this form, ask your lawyer or the judge. RIGHT TO A LAWYER 1. I understand that I have the right to be represented by a lawyer throughout the proceedings. I understand that the Court will appoint a free lawyer for me if I cannot afford to hire a lawyer, but at the end of the case I may be asked to pay all or part of the cost of that lawyer, if I can afford to. I understand that there are dangers and disadvantages to giving up my right to a lawyer and that it is almost always unwise to represent myself I give up my right to a lawyer, and I choose to represent myself. (Does not apply if you have a lawyer) 2. NATURE OF THE CHARGES (Initial all sections you are charged with.) I understand that I am charged with a violation of Vehicle Code section(s): 3. 4. 5. 23152(a) ­ Driving under the influence of alcohol or drugs, or both 23152(b) ­ Driving when my blood-alcohol level was .08 percent or higher 23103 under 23103.5 ­ Reckless driving involving alcohol or drugs, or both. 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. CONSTITUTIONAL RIGHTS/WAIVER OF RIGHTS 6. RIGHT TO A JURY TRIAL ­ I understand that I have a right to a speedy, public jury trial. At the trial, I would be presumed innocent, and I could not be convicted unless 12 impartial jurors were convinced of my guilt beyond a reasonable doubt. I give up my right to a jury trial. RIGHT TO CONFRONT WITNESSES ­ I understand that I have the right to confront and cross-examine all witnesses testifying against me. I give up my right to confront and cross-examine witnesses. 7. 8. 9. 10. RIGHT AGAINST SELF-INCRIMINATION ­ I understand that I have the right to remain silent and not incriminate myself, and the right to testify in my own behalf. I understand that by pleading guilty or no contest, I am incriminating myself. 11. I give up my right to remain silent and to not incriminate myself. 12. 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. 13. I give up my right to produce evidence and witnesses in my own behalf. See Reverse Side Mandatory Use CR-06 (Adopted 01/01/09, Revised 01/01/12, 01/01/13) Page 1 of 3 Pages ADVISEMENT OF RIGHTS, WAIVER, AND PLEA FORM American LegalNet, Inc. www.FormsWorkFlow.com Case No._____________________________ CONSEQUENCES OF PLEA OF GUILTY OR NO CONTEST 14. I understand that if I am not a citizen, of the United States, I have the right to seek the advice and assistance of the consulate of the country of my citizenship. I am further advised that conviction of any crime may adversely affect my immigration status, and could result in deportation or exclusion from the United States, denial of admission to the United States, or denial of naturalization, amnesty, or certain federal benefits. 15. 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. Sentences for Driving Under the Influence of Alcohol and/or Drugs (Section 23152) Offense First offense within 10 years Minimum and maximum sentences when probation is granted (3 to 5 year probation term) Minimum and maximum sentences without probation Two options, both requiring attendance at an alcohol/drug program, a fine of $390 96 hours to 6 month in jail; $390 to to $1,000, plus either: $1,000 fine, and a 6-month license (A) 48 hours to 6 months in jail; or suspension. (B) A 90-day license restriction allowing driving for work and alcohol/drug program only. Under either option, the Court may also suspend my license for 6 months. Second offense within 10 years Two options, both carrying a fine of $390 to $1,000, plus either; (A) 10 days to 1 year in jail and an 18-month license suspension; or (B) 48 continuous hours to 1 year in jail. an 18-month or 30-month alcohol/drug program, and a 1-year license restriction allowing driving for work and alcohol/drug program only. 90 days to 1 year in jail, $390 to $1,000 fine, and an 18-month license suspension. Sentences for Reckless Driving (§23103 under §23103.5) Nature of offense Minimum and maximum sentences Other If alcohol or drugs are involved, this conviction will act as a separate conviction for driving under the influence (DUI) if I commit a subsequent DUI offense within ten years. Reckless driving If probation is not granted: 5 days to 90 days in jail, or reduced from driving 45 to $1,000, or both. If probation is granted: a under the influence maximum of 90 days in jail, or $1,000 fine, or both. 16. I have read and understood the above chart which lists the minimum and maximum sentences for the offense(s) I am charged with. 17. I understand that in addition to the fine imposed, the law requires the Court to add assessments which will significantly increase the amount I must pay. I understand that I may also be ordered (1) to make restitution to the victim, if the offense involved a victim, or to a Restitution Fund, and (2) to pay the expenses incurred by a public agency which responded to any incident caused by my vehicle at the time of my arrest. 18. I understand that if it is alleged that I recklessly drove 30 or more miles above the speed limit on a freeway, or 20 or more miles above the speed limit on any other street or highway, the Court may impose an additional consecutive term of 60 days in the county jail. If this is my first offense, the Court may also order me to complete an alcohol/drug counseling program. 19. If applicable ­ I understand that if I was under the age o