ATTORNEY OR PARTY WITHOUT ATTORNEY ( Name, State Bar number, and address ): TELEPHONE NO: FAX NO. (Optional) E - MAIL ADDRESS ( Optional ): ATTORNEY FOR ( Name ): FOR COURT USE ONLY SUPERIOR COURT OF CALIFORNIA, COUNTY OF SANTA CRUZ 701 Ocean Street, Room 120 Santa Cruz, CA 95060 Santa Cruz Branch PEOPLE OF THE STATE OF CALIFORNIA vs. DEFENDANT: ADDENDUM TO DUI ADVISEMENT OF RIGHTS, WAIVER, AND PLEA FORM CASE NUMBER: DEPARTMENT: Page 1 of 3 SUP CR 1105 ADDENDUM TO DUI ADVISEMENT O F RIGHTS, WAIVER, AND PLEA FORM Form Adopted for OPTIONAL Use Superior Court of Santa Cruz County SUP CR 1105 Rev. 11 /0 2 /1 8 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 c hemical test to determine your b lood - 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 th e 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. A. WILLFUL REFUSAL (Vehicle Code 247 23577) I NITIALS I understand that it is alleged that I willfully refused to submit to, or complete, a breath, blood, or urine test following a 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 constituti onal 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, Waive r, and Plea form will be enhanced as follows (see next page for violation of section 23153): 1. VIOLATION OF VEHICLE CODE 24723152 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. American LegalNet, Inc. www.FormsWorkFlow.com Page 2 of 3 Vehicle Code 247 23152 PEOPLE OF THE STATE OF CALIFORNIA vs. DEFENDANT: CASE NUMBER: ADDENDUM TO DUI ADVISEMENT O F RIGHTS, WAIVER, AND PLEA FORM Form Adopted for OPTIONAL Use Superior Court of Santa Cruz County SUP CR 1105 Rev. 11 /0 2 /1 8 2. VIOLATION OF VEHICLE CODE 24723153 a. First Offense - My sentence will be increased by 48 continuous hours in the county jail. b. Second Offense - My sentence will be incre ased by 96 hours in the county jail. B. PRIOR DUI - RELATED FELONY CONVICTION WITHIN 10 YEARS (Vehicle Code 247 23550.5) INITIALS I understand that it is alleged that I committed a violation of Vehicle Code 247 23152 (DUI) or 247 23153 (DUI with injury) within 10 years of one of the following: 1. A prior violation of Vehicle Code 247 23152 which resulted in a felony conviction; or 2. A prior violation of Vehicle Code 247 23153 which resulted in a felony conviction; or 3. A prior violation of Penal Code 247 191.5 (gross vehicular manslaughter while intoxicated), or Penal Code 247247 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, Wa iver, 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. section 23153 and I have two other DUI - for 5 years. Furthermore, if I have committed a violation of Vehicle Code 24723152, I will be designated as an I also understand that I must successful license reinstated by the DMV, even if I am not ordered to attend such a program by the Court . C. PASSENGER UNDER 14 YEARS OF AGE (Vehicle Code 247 235572) INITIALS I understand that it is alleged that I committed a violation of Vehicle Code 247 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. First Offense - My sentence shall be enhanced by 48 continuous hours in the county jail. 2. Second Offense - My sentence shall be enhanced by 10 days in the county jail. 3. Third Offense - My sentence shall be enhanced by 30 days in the county jail. 4. Fourth or Subsequent Offense - My sentence shall be enhanced by 90 days in the county jail. American LegalNet, Inc. www.FormsWorkFlow.com Page 3 of 3 Vehicle Code 247 23152 PEOPLE OF THE STATE OF CALIFORNIA vs. DEFENDANT: CASE NUMBER: ADDENDUM TO DUI ADVISEMENT O F RIGHTS, WAIVER, AND PLEA FORM Form Adopted for OPTIONAL Use Superior Court of Santa Cruz County SUP CR 1105 Rev. 11 /0 2 /1 8 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 247 23152 or 247 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. ** DEF DATE: 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 t he y understood the contents of the form, and then initialed and signed the form. Language: Spanish Other (specify): TYPE OR PRINT NAME DATE D. EXCESSIVE SPEED (Vehicle Code 247 23582) INITIALS American LegalNet, Inc. www.FormsWorkFlow.com