COURT COUNTY .OF. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ......... .. : Index No. SUPERIOR COURT OF RIVERSIDE COUNTY q BANNING 155 E. Hays, Banning, CA 92220 q BLYTHE 265 North Broadway, Blythe, CA 92225 q HEMET 880 N. State St., Hemet, CA 92543 q INDIO 46-200 Oasis St., Indio, CA 92201 Murrieta, q MURRIETA 30755-D Auld Road,No. CA 92563 : Calendar q RIVERSIDE 4050 Main St., Riverside, CA 92501 q RIVERSIDE 4175 Main St., Riverside, CA 92501 : JUDICIAL SUBPOENA Plaintiff(s) TEMECULA 41002 County Center Dr., #100, Temecula, CA 92591 q -against- : : DEFENDANT: CASE NO. : PROSECUTOR'S STATEMENT OF REASONS FOR MOTION TO DISMISS OR SUBSTITUTE CHARGES FOR 23152 V.C. (PER 23212 V.C.) Defendant(s) : ...................................................... Pursuant to Vehicle Code Section 23212, the District Attorney states that: q q Charge of 23152 V.C. should be dismissed/amended; THE PEOPLE OF THE STATE OF NEW YORK A plea of (guilty/nolo contendere) to ________________________________ should be accepted as factually related to 23152 V.C. as charged in count(s) ______________________________________________; TO For the reason stated below: q PROBLEMS OF GREETINGS: PROOF - The blood alcohol reading of ______________ % coupled with the objective symptoms raise an improbability of obtaining a conviction beyond a reasonable doubt. q q q WE COMMAND YOU, that all business and excuses being laid aside, you and each of you attend before INTERESTS OF JUSTICE: , the Honorable at the Court located at County of plea of guilty/nolo contendere in Case No. _____________________ Defendant's in room , on the day of , 20 , at o'clock in the noon, and at any recessed or adjourned date, to testify and a conviction of 23152 V.C. are extremely more severe than those suffered by most defendants, The nonjudicial consequences of give evidence as a witness in this action on the part of the in that: q q Your between the defendant's blood alcohol is punishable as a contempt of court and will make you liable to The difference failure to comply with this subpoenareading of________________% and 0.08% is sufficiently close to the party on whose behalf this subpoena was disposition is a fair and just compromise. and all damages sustained as a the allowable margin of error that the proposed issued for a maximum penalty of $50 result of your failure to comply. Amendment to ____________________________ Witness, Honorable Court in County, yields a more proper charge because: , one of the Justices of the day of , 20 . q The original charge(s) were filed without the approval of the District Attorney and are contrary to the established filing guidelines established pursuant to Penal Code Sections 853.6(e)(2). (People must sign above and type name below) (Attorneyv. Municipal Court, 27 Cal.App.3d 193) q District Attorney states for the record that this count is alcohol/drug related on the basis of________________% of alcohol level/ ____________________ amount of drugs in defendant's blood or refusal of defendant to submit to chemical tests (officer smelled alcohol, defendant failed field sobriety tests). Attorney(s) for q Court finds that there is a factual basis to indicate that this offense is alcohol/drug related. q Court advised defendant that conviction of this offense will result in the use of this offense as a prior conviction for driving Office and P.O. Address under the influence in any subsequent new conviction of driving under the influence, which will result in the consequences faced by persons who are convicted of two driving under the influence charges within seven (7) years. Rev. 07/01/2003 Telephone No.: Facsimile No.: E-Mail Address: PROSECUTOR'S STATEMENT OF REASONS FOR MOTION No.: Mobile Tel. TO DISMISS RI-OTS23 American LegalNet, Inc. www.USCourtForms.com