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 : DUI ADVISEMENT OF RIGHTS, WAIVER, AND PLEA FORM (Vehicle Code 247 23153) CASE NUMBER: Page 1 of 6 Vehicle Code 247 23152 SUP CR 1106 DUI ADVISEMENT OF RIGHTS, WAIVER, AND PLEA FORM (Vehicle Code 247 23152) Form Adopted for OPTIONAL Use Superior Court of Santa Cruz County SUPCR 1106 Rev. 11 /0 2 /1 8 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 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 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 understa nd that there are dangers and disadvantages to giving up my right to an attorney, and that it is almost always unw ise to represent myself. 1. NATURE OF THE CHARGES ( Initial all items you are charged with.) I understand that I am charged with a violat ion of Vehicle Code section(s): 2. 23153(a) - Driving under the influence of alcohol or drugs, or both, and when driving, committing an act forbidden by law or neglecting a duty imposed by law, which causes injury to another person. 2. 3. 23153(b) - Driving when my blood - alcohol level was .08 percent or higher, and when driving, committing an act forbidden by law or neglecting a duty imposed by law, which causes injury to another person. 3. 4. 23153(d) - Driving a commercial vehicle when my blood - alcohol level was .04 percent or higher, and when driving, committing an act forbidden by law or neglecting a duty imposed by law, which causes injury to another person. 4. 5. Check if applicable - 14601 or 14601.1 or 14601.2 or 14601.5 evocation. 5. 6. Check if applicable - 14601.3 (Habitual traffic offender) - Accumulating a driving record history in knowing 6. 7. If applicable - I understand that I am also charged with the following other offense(s) : TYPE OF OFFENSE(S) AND SECTION NUMBER(S) 7. American LegalNet, Inc. www.FormsWorkFlow.com Page 2 of 6 Vehicle Code 247 23152 PEOPLE OF THE STATE OF CALIFORNIA vs. DEFENDANT: CASE NUMBER: DUI ADVISEMENT OF RIGHTS, WAIVER, AND PLEA FORM (Vehicle Code 247 23152) Form Adopted for OPTIONAL Use Superior Court of Santa Cruz County SUPCR 1106 Rev. 11 /0 2 /1 8 8. If applicable - I am also charged with having the following other conviction(s) : LIST OFFENSE(S), CASE NUMBER(S) AND DATE(S) INITIALS 8. 9. If applicable I am also charged with violating the probation order(s) in the following case(s): CASE NUMBER(S) AND DATE(S) 9 . 10. I understand the charge(s) against me, and the possible pleas and defenses. 1 0 . CONSTITUTIONAL RIGHTS 11. 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. 1 1 . 12. RIGHT TO CONFRONT WITNESSES - I understand that I have the rig ht to confront and cross - examine all witnesses testifying against me. 1 2 . 13. 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. 1 3 . 14. 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. 14. RIGHTS ON CHARGES OF OTHER CONVICTION(S) AND PROBATION VIOLATION(S) 15. 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) or probation violation(s). However, for a charge of violating probation, I do not have the right to a jury trial, although I do have the right to a hearing before a judge. 1 5 . 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): 16. I give up my right to an attorney, and I choose to represent myself. (Does not apply if you have an attorney.) 16 . 17. I give up my right to a jury trial. 1 7 . 18. I give up my right to confront and cross - examine witnesses. 18 19. I give up my right to remain silent and to not incriminate myself. 19 . 20. I give up my right to produce evidence and witnesses on my own behalf. 20 . CONSEQUENCES OF PLEA OF GUILTY OR NO CONTEST 21. I understand that if I am not a citizen, a plea of guilty or no contest ( nolo contendere ) could result in my deportation, exclusion from admission to this country, or denial of naturalization. 2 1 . 22. I understand that a plea of no contest will have the same effect in this case as a plea of guilty, and it can be used against me in a civil lawsuit unless the offense is punishable only as a misdemeanor. 2 2 . 23. 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. 2 3 . American LegalNet, Inc. www.FormsWorkFlow.com Page 3 of 6 Vehicle Code 247 23152 PEOPLE OF THE STATE OF CALIFORNIA vs. DEFENDANT: CASE NUMBER: DUI ADVISEMENT OF RIGHTS, WAIVER, AND PLEA FORM (Vehicle Code 247 23152) Form Adopted for OPTIONAL Use Superior Court of Santa Cruz County SUPCR 1106 Rev. 11 /0 2 /1 8 CONSEQUENCES OF PLEA OF GUILTY OR NO CONTEST (Continued) 24. I understand that in addition to the fine indicated on the penalty charts on pages 3 and 4, the Court will add assessments which will significantly increase the amount I must pay . I will also be ordered to make restitution and to pay a restitution fine of $100 to $1,000 (or $200 to $10,000 if the offense is a felony) unless the Court finds compelling and extraordinary reasons not to do so. INITIALS 2 4 . 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 in this proceeding suspension or revocation as a r esult. 2 5 . 26. I understand that being under the influence of alcohol or drugs, or both, impairs my ability to safely operate a motor vehicle, and it is extremely dangerous to human life to drive while under the influence of alcohol or drugs, or both. I f I continue to drive while under the influence of alcohol or drugs, or both, and as a result of my driving, someone is killed, I can be charged with murder. 26 . 27. 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 determined that it is in the interest of justice not to do so. 27A . B. The Court may also require me to install an ignition interlock device (IID) for up to three years. 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. 27B . C. The Court may declare my vehicle to be a nuisance and order it sold following a hearing if I have one or more other convictions for driving under the influence (DUI), vehicular manslaughter (Penal Code 247 191.5 or 192.5(a)), or any combination thereof, in the past 7 years. 27C . D. If I am convicted of a second or subsequent violation of driving with a su