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: ADVISEMENT OF RIGHTS, WAIVER AND PLEA FORM (VEHICLE CODE 247 14601 et. seq.; VEHICLE CODE 247 12500(a)) CASE NUMBER: DEPARTMENT: Page 1 of 5 Vehicle Code 247 23152 CASE NUMBER: SUPCR 1109 Form Adopted for OPTIONAL Use Superior Court of Santa Cruz County SUP CR 1109 Rev. 05/02/18 DUI ADVISEMENT OF RIGHTS, WAIVER AND PLEA FORM INSTRUCTIONS Fill out this form if you wish to plead guilty or no contest to the charges against you. Initial the box for each applicable item only if you understand it, and sign and date the form on page 4. 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 INITIALS 1. I understand that I have the right to be represented by an attorney throughout the proceedings. I 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. I understand that t here are dangers and disadvantages to giving up my right to an attorney, and that it is almost always unwise to represent myself. 1. NATURE OF THE CHARGES (Complete all items you are charged with.) I understand that I am charged with a violation of Vehicl e Code section(s): 2. 2. Check if applicable - 14601 or 14601.1 or 14601.2 or 14601.5 3. Check if applicable - 14601.3 (Habitual traffic offender) Accumulating a driving record history 3. 4. Check if applicable - 12500(a) 4. 5. If applicable - I understand that I am also charged with the following other offense(s) : 5. TYPE OF OFFENSE(S) AND SECTION NUMBER(S) 6. If applicable - I am also charged with having the following other conviction(s) : 6. LIST OFFENSE(S), CASE NUMBER(S) AND DATE(S) 7. I understand suspended license and enter a new plea to Vehicle Code 12500(a), driving without a valid license, for a fine and/or jail time. 7. 8. I understand the charge(s) against me, and the possible please and defenses. 8. American LegalNet, Inc. www.FormsWorkFlow.com PEOPLE OF THE STATE OF CALIFORNIA v s . DEFENDANT : CASE NUMBER: Page 2 of 5 Vehicle Code 247 23152 Form Adopted for OPTIONAL Use Superior Court of Santa Cruz County SUP CR 1109 Rev. 05/02/18 DUI ADVISEMENT OF RIGHTS, WAIVER AND PLEA FORM CONSTITUTIONAL RIGHTS INITIALS 9. RIGHT TO A JURY TRIAL - I understand that I have the 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. 9. 10. RIGHT TO CONFRONT WITNESSES - I understand that I have the right to confront and cross - examine all witnesses testifying against me. 10. 11. RIGHT AGAINST SELF - INCRIMINATION - I understand that I have the right to remain silent and not 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 . 11. 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. 12. RIGHTS ON CHARGES OF PRIOR CONVICTI ON(S) 13. 13. 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 of the charges against me, including other alleged conviction(s) . 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): 14. 14. I give up my right to an attorney, and I choose to represent myself. (Does not apply if you have an attorney.) 15. I give up my right to a jury trial. 15. 16. I give up my right to confront and cross - examine witnesses. 16. 17. I give up my right to remain silent and to not incriminate myself 17. 18. I give up my right to produce evidence and witnesses on my own behalf. 18. SENTENCES FOR DRIVING IN VIOLATION OF A LICENSE SUSPENSION, REVOCATION, OR RESTRICTION Vehicle Code Sec. First Offense Second or Subsequent Offense 14601 5 days to 6 months in jail, and a fine of $300 - $1000. 10 days to 1 year in jail, and a fine of $500 to $2000. 10 days in jail required if probation is imposed. American LegalNet, Inc. www.FormsWorkFlow.com PEOPLE OF THE STATE OF CALIFORNIA v s . DEFENDANT : CASE NUMBER: Page 3 of 5 Vehicle Code 247 23152 Form Adopted for OPTIONAL Use Superior Court of Santa Cruz County SUP CR 1109 Rev. 05/02/18 DUI ADVISEMENT OF RIGHTS, WAIVER AND PLEA FORM Vehicle Code Sec. First Offense Second or Subsequent Offense 14601.1 Up to 6 months in jail, and a fine of $300 - $1000, or both. 5 days to 1 year in jail, and a fine of $500 - $2,000. 14601.2 10 days to 6 months in jail, and a fine of $300 - $1000. 10 days in jail required if probation is imposed. - If I have been designated as a habitual traffic offender within 3 years of this conviction, I will, in addition, be sentenced to serve 180 days in jail and to pay a $2,000 fine. 30 days to 1 year in jail, and a fine of $500 to $2000. 30 days in jail required if probation is imposed. 14601.5 Up to 6 months in jail, or a fine of $300 to $1,000 or both. 10 days to 1 year in jail, and a fine of $500 to $2,000. Note - Sec. 14601.3 also constitutes a prior conviction for this offense. 14601.3 30 days in jail, and a fine of $1,000. 180 days in jail, and a fine of $2,000. ADDITIONAL PENALTIES ( Ignition Interlock Device) INITIALS 19. I understand that if I am convicted of a violation of section 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 for a period of up to three years. Installation of this device, which prevents the vehicle from starting if I have alcohol in my body, do 19. CONSEQUENCES OF PLEA OF GUILTY OR NO CONTEST 20. 20. I have read and understood the penalty charts which list the minimum and maximum penalties for the offense(s) I am charged with (See item No. 27 for the offenses not listed in the charts.) 21. I understand that in addition to the fine, the Court will add assessments which will significantly incre ase the amount I must pay . I will also be ordered to make restitution and to pay a restitution fine of $100 to $1000, unless the Court finds compelling and extraordinary reasons not to do so. 21. 22. I understand that in addition to any other penalty, the Court may impound my vehicle for an additional 6 months for a first conviction of section 14601 et seq , or up to 12 months for a second or subsequent violation. 22. 23. I understand that my vehicle will be subject to forfeiture as a nuisance if I drive in violation of a license suspension or revocation (V.C.24714601 et seq. ) or without a license (V.C.24712500(a)) and I am the registered owner of the vehicle. 23. 24. I understand that if I am not a citizen, a ple a of guilty or no contest could result in my deportation, exclusion from admission to this country, or denial of naturalization. 24 . American LegalNet, Inc. www.FormsWorkFlow.com PEOPLE OF THE STATE OF CALIFORNIA v s . DEFENDANT : CASE NUMBER: Page 4 of 5 Vehicle Code 247 23152 Form Adopted for OPTIONAL Use Superior Court of Santa Cruz County SUP CR 1109 Rev. 05/02/18 DUI ADVISEMENT OF RIGHTS, WAIVER AND PLEA FORM 25. I understand that any plea entered in this case may be grounds for revoking probation or parole which has previously been granted to me in any other case. 25 . PENALTIES FOR OTHER CHARGES 26 . 26. If applicable - I understand that the possible consequences f