COURT NTY .OF. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ... .. : : Index No. Calendar No. Reserved for Clerk’s File Stamp SUPERIOR COURT OF CALIFORNIA : JUDICIAL SUBPOENA Plaintiff(s) COUNTY: -against- : PLAINTIFF: PEOPLE OF THE STATE OF CALIFORNIA : DEFENDANT: : CASE NUMBER: DUI ADVISEMENTDefendant(s) WAIVER, AND PLEA FORM OF RIGHTS, : ................................................ DEPARTMENT: (Vehicle Code § 23153) EOPLE OF THE STATE OF NEW YORK 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 TINGS: 1. I understand that I have the right to be represented by an attorney throughout the proceedings. WE COMMAND YOU, that allCourt will appoint a free attorney for me if I each of you attend hire one, but at I understand that the business and excuses being laid aside, you and cannot afford to before , norable the end of the case, I may be asked to pay all orCourt of the cost of that attorney, if I can afford to. at the part located at I understand that there are dangers and disadvantages to giving up my right to an attorney, and y of that it is almost always unwise ,to represent myself. . .in . . . .noon, and at any. recessed . . . . . . . . . . . m , on the day of 20 , at o'clock the urned date, to testify and give evidence as a witness in this action on the part of the NATURE OF THE CHARGES (Complete all items you are charged with.) INITIALS 1. I understand that I am charged with a violation of Vehicle Code section(s): 2. 23153(a) - Driving this subpoena is punishable as a or drugs, court and will make driving, committing Your failure to comply with under the influence of alcoholcontempt of or both, and when you liable to an act this subpoena was issued for a maximum imposed by and which causes injury to ty on whose behalfforbidden by law or neglecting a duty penalty of $50law, all damages sustained as a another person. . . of your failure to comply. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2. 3. 23153(b) - Driving when my blood-alcohol level was .08 percent or higher, and when driving, Witness, Honorable an act forbidden by law or neglecting a duty imposed by law, the , one of the Justices of which causes injury to committing another person. .day of . . . . . 20 . . . . . . . . . . . . . . . . . . . . . . . . . n County, , . 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. . . . . (Attorney must. sign above and type.name . . . . . . . . . . . . . . . . . . . . below) 4. 5. Check if applicable 14601 or 14601.1 or 14601.2 or 14601.5 Driving in knowing violation of a driver’s license restriction, suspension, or revocation. . . . . . Attorney(s) for 6. Check if applicable 14601.3 (Habitual traffic offender) - Accumulating a driving record history in knowing violation of a driver’s license suspension or revocation. . . . . . . . . . . . . 5. 6. 7. If applicable - I understand that I am also charged with the following other offense(s): Office and P.O. Address 7. TYPE OF OFFENSE(S) AND SECTION NUMBER(S) Telephone No.: 8. If applicable - I am also charged with having the following other conviction(s): Facsimile No.: E-Mail Address: LIST OFFENSE(S), CASE NUMBER(S) AND DATE(S) Mobile Tel. No.: 76A298K87 PRU-103 (Rev. 1-2003) Continued on reverse American LegalNet, Inc. www.USCourtForms.com 8. Page 1 of 6 COURT NTY .OF. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ... .. : NATURE OF THE CHARGES (Continued) Index No. INITIALS 9. If applicable – I am also charged with violating the Calendar No. probation order(s) in the following case(s): : CASE NUMBER(S) : AND DATE(S) JUDICIAL SUBPOENA Plaintiff(s) 10. I understand the charge(s) against me, and the possible pleas and defenses. . . . . . . . . -against: 9. 10. 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. . . . . . . . . . . . . . . . . . . Defendant(s) : . . . . . 12. .RIGHT . TO. CONFRONT. . . . . . . . . . . . . -. .I . understand that I have the right to confront and cross. . . . . . . . . . . . . . . . . . . . WITNESSES .... examine all witnesses testifying against me. . . . . . . . . . . . . . . . . . . . . . 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 EOPLE OF THEcontest, OF admitting other conviction(s) or probation violation(s), I am incriminating myself. . or no STATE or NEW YORK 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. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . RIGHTS ON CHARGES OF OTHER CONVICTION(S) AND PROBATION VIOLATION(S) TINGS: 15. If applicable - I understand that I have the right to an attorney, the right to a jury trial, the right to WE COMMAND witnesses,all business against self-incrimination, and and each ofto producebefore confront YOU, that the right and excuses being laid aside, you the right you attend evidence and , norable witnesses for all of the chargesthe at against me, including other alleged conviction(s) or probation Court located atfor a charge of violating probation, I do not have the right to a jury trial, y of violation(s). However, although I do have the right to a 20 . . . . at . . . . . m , on the day of , hearing before a judge.in .the . .noon, and . any recessed . . . , at o'clock urned date, to testify and give evidence as a witness in this action on the part of the WAIVER OF RIGHTS Understanding all of the above, for all of the charges against me, including any other alleged conviction(s) or probation subpoena is Your failure to comply with this violation(s):punishable as a contempt of court and will make you liable to ty on whosegive upthis subpoena was issued for a Imaximumto represent myself. (Does not apply if you have anaattorney.) 16. I behalf my right to an attorney, and choose penalty of $50 and all damages sustained as of your 17. I give comply.right to a jury trial. . . . . . . . . . . . . . . . . . . . . . . . . . . failure to up my 18. I give up my right to confront and cross-examine witnesses. . . . . . . . . . . . . . . . Witness, Honorable , one of the Justices of the 19. I give up my right to remain silent and to not incriminate myself. . . . . . . . . . . . . . n County, day of , 20 20. I give up my right to produce evidence and witnesses on my own behalf. . . . . . . . . . . 11. 12. 13. 14. 15. 16. 17. 18. 19. 20. CONSEQUENCES OF PLEA OF GUILTY OR NO CONTEST (Attorney must sign above and type name below) 21. I understand that if I am not a citizen, a plea of guilty or no contest could result in my deportation, exclusion from admission to this country, or denial of naturalization. . . . . . . . . . . . 22. I understand that a plea of no contest (nolo contendere) will have exactly the same effect in this Attorney(s) for 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. . . . . . . . . . . . . . . . . . . . . . . . . 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. . . . . . . . . . . . . . . . Office and P.O. Address 24. I understand that in addition to the fine indicated on the penalty chart on page 3, 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 Telephone No.: is a felony) unless the Court finds compelling and extraordinary reasons not to do so. . . . . . Facsimile No.: E-Mail Address: Mobile Tel. No.: 76A298K87 PRU-103 (Rev. 1-2003) See next page American LegalNet, Inc. www.USCourtForms.com 21. 22. 23. 24. Page 2 of 6 COURT NTY .OF. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ... .. : Index No. INITIALS : CONSEQUENCES OF PLEA OF GUILTY OR NO CONTEST (Continued) Calendar No. 25. I understand that the Department of Motor Vehicles (DMV) may consider any of my other : JUDICIAL charged in this Plaintiff(s) convictions for DUI or reckless driving, even those that are notSUBPOENA proceeding, and may impose a more severe driver’s license restriction, suspension, or revocation as a result. . . -against: 25. 26. If applicable - I understand that if my blood-alcohol level was .20 percent or above, or if I refused to submit to a chemical test, the Court will :consider this in determining whether to enhance the penalties, grant probation, or impose additional terms of probation. . . . . . . . . . . . . 26. : 27. If applicable - 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 Defendant(s) : 27A. . . . . . . . . .that it.is.in. the. interest of .justice .not. to. do. so.. . . . . . . . . . . . . . . . . . . . . .... . . .. ......... ..... .. . .. .. B. The Court may also require me to install an ignition interlock device (IID) for up to three years. If this is my first offense, heightened consideration will be given to required IID installation if the factors in item NEW (above) exist, or if I have two or more prior moving traffic violations. EOPLE OF THE STATE OFNo. 26YORK Installation of this device, which prevents the vehicle from starting if I have alcohol in my body, 27B. does not authorize me to drive without a valid driver's license. . . . . . . . . . . . . . . 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, vehicular manslaughter (Penal Code §§ 191.5 or 192(c)(3)), or any combination thereof, in the past 7 years. . . . . . . . . 27C. TINGS: D. If I am convicted of a second or subsequent violation of driving with a suspended or revoked license (V.C. § 14601 et seq.) or driving without a license (V.C. § 12500(a)), my vehicle will be 27D. subject to forfeiture as a nuisance. . . . . . . . . . . . of . . . . . . . WE COMMAND YOU, that all business and excuses being .laid aside, you and .each . you attend before . . . , norable at the Court located at y of SENTENCES FOR DRIVING UNDER THE INFLUENCE OF ALCOHOL AND/OR DRUGS (Section 23153) m , on the day of Minimum and Maximum Sentences whenthe , 20 , at o'clock in Probation noon, and at any recessed and Maximum Offense Minimum urned date, to testify and give evidence as Granted (3 in this action on the part of the a witness to 5 Years Probation Term) is Sentences without Probation First offense within 7 years See Nos. 28-33. 5 days to 1 year in county jail, $390 to $1,000 fine, attendance at a 3-month alcohol/drug program (or a 6-month program if my blood-alcohol content was .20 percent or more, or if I refused a withchemical test at arrest), and a 1-year contempt of court and will this subpoena is punishable as a driver’s license suspension. 16 months or 2 or 3 years in state prison (or 90 days to 1 year in county jail), $390 to $1,000 fine, and a 1-year driver's license make you liable to suspension. Your failure to comply ty on whose behalf this subpoena was issued for a maximum year in county jail, $390damages sustained as a Second offense within Two options: (A) 120 days to 1 penalty of $50 and all to 16 months or 2 or 3 years in state prison (or of your 7 years (other conviction $5,000 fine, and a 3-year driver’s license revocation; or failure to comply. 120 days to 1 year in county jail), $390 to n of section 23152, 23153, or 23103 under 23103.5) Witness, Honorable See Nos. 28-33 County, Third or subsequent offense within 7 years (other convictions of section 23152, 23153, or 23103 under 23103.5) See Nos. 28-34. (B) 30 days to 1 year in county jail, $390 to $1,000 fine, an 18- $5,000 fine, and a 3-year driver’s license month (or 30-month) alcohol/drug program, , one of the Justices of the and a 3-year driver's revocation. license revocation. day of , 20 2, 3, or 4 years in state prison, $1,015 to 30 days to at least 1 year in county jail, $390 to $5,000 fine, an $5,000 fine, and a 5-year driver’s license 18-month (or 30-month) alcohol/drug program, restitution or revocation. An additional 3 years in state prison reparation to the victim as required by must sign above and type name below) will be imposed if I already have 4 or (Attorney law, and a 5-year driver’s more DUI convictions and the offense caused license revocation. great bodily injury to another person. ADDITIONAL PENALTIES FOR A VIOLATION OF SECTION 23153 Attorney(s) for INITIALS 28. If applicable - I understand that in addition to the penalties above, if my alleged offense also caused bodily injury or death to more than 1 victim, upon a felony conviction, my sentence will be enhanced by 1 year in state prison for each additional victim. . . . . . . . . . . . . . . 28. Office and revoke my driver’s license under a procedure 29. I understand that the DMV may restrict, suspend, or P.O. Address which is separate from this criminal action. I understand that the DMV’s action, if any, will be in addition to the Court’s sentence and that I must obey it. . . . . . . . . . . . . . . . . . 30. I understand that the DMV will prevent me from operating a commercial vehicle if I was operating Telephone No.: one at the time of my offense. The DMV will also revoke my driver’s license for 4 years if I have a Facsimile No.: prior felony conviction in the past 10 years of VC §§23152 or 23153, or Penal Code §§191.5, E-Mail Address: 192(c)(1) or 192(c)(3), unless a greater revocation is indicated in the chart above. . . . . . . Mobile Tel. No.: 76A298K87 PRU-103 (Rev. 1-2003) Continued on reverse American LegalNet, Inc. www.USCourtForms.com 29. 30. Page 3 of 6 COURT NTY .OF. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ... .. : Index No. ADDITIONAL PENALTIES FOR A VIOLATION :OF SECTION No. Calendar 23153 (Continued) INITIALS 31. I understand that the DMV will not issue a restricted driver’s license or restore my driving privilege : following a restriction, suspension, or revocation unless I have proof of insurance for 3 years. The JUDICIAL SUBPOENA Plaintiff(s) DMV will suspend my driver’s license: (1) until proof of insurance is provided to the DMV and (2) upon my -against- maintain this proof during :the 3-year period. . . . . . . . . . . . . . failure to 31. 32. I understand that I must provide the DMV with proof of my successful completion of an : alcohol/drug program in order to have my driving privilege reinstated, even if I am not ordered to attend such a program by the Court. I also: understand that I must surrender my license to the Court if my license is suspended or revoked. . . . . . . . . . . . . . . . . . . . . . Defendant(s) : . . . . . 33. .If. applicable .-. I .understand. that. if. I. . . . . .under the age of 21 at the time of my arrest, my driver’s . . . . . . . . . . . . . . . . . . . . . . . . . . was . . . license will also be suspended for 1 year, and I must surrender my license to the Court. If I do not have a valid driver’s license, the Court will order the DMV to delay issuing a license to me for 1 year after I become eligible to drive. . . . . . . . . . . . . . . . . . . . . . . . EOPLE OF THE STATE OF NEW YORK if I am convicted of a third or subsequent DUI violation, I will be 34. If applicable - I understand that designated as an habitual traffic offender for 3 years after my conviction, and I will receive an enhanced sentence if I drive in violation of my license revocation. . . . . . . . . . . . . . 32. 33. 34. SENTENCES FOR DRIVING IN VIOLATION OF A LICENSE SUSPENSION, REVOCATION, OR RESTRICTION TINGS: Vehicle Code Section First Offense Second or Subsequent Offense: I each of you attend before WE COMMAND YOU, that all business and excuses being laid aside, you andhave prior conviction(s) in past 5 years of sections 14601, 14601.1, 14601.2, or 14601.5. , norable at the Court 14601 5 days to 6 months in jail, and a fine of $300 to $1,000. 10 days to 1 year in jail, and a fine of $500 to $2,000. located at y of days in jail at any if probation m , on the day of , 20 , at o'clock in the 10 noon, and requiredrecessed is imposed. urned date, to testify and Up to evidence in jail,witness in this action on the both. of 5 days to 1 year in jail, and a fine of $500 to $2,000. give 6 months as a or a fine of $300 to $1,000, or part the 14601.1 10 days to 6 months in jail, and a fine of $300 to $1,000. 30 days to 1 year in jail, and a fine of $500 to $2,000. 10 days in jail required if probation is imposed. 14601.2 30 days in jail required if probation is imposed. Your failure to comply with this subpoena is punishable as a contempt of court and will make you liable to If I have been designated as an traffic offender within this conviction, ty on whose behalf this subpoena was be sentenced ahabitual180 days in jail and to 3 years ofall damages sustained as a I will, in addition, issued for to maximum penalty of $50 and serve pay a $2,000 fine. of your failure to comply. 14601.5 Up to 6 months in jail, or a fine of $300 to $1,000, or both. Witness, Honorable n County, day of Vehicle Code Section 14601.3 10 days to 1 year in jail, and a fine of $500 to $2,000. , one of the Justices of 14601.3 also constitutes a prior conviction Note - Section the for this offense. , 20 First Offense Second or Subsequent Offense: (Attorney must sign above and type name below) Prior conviction(s) in past 7 years of section 14601.3. 30 days in jail, and a fine of $1,000. 180 days in jail, and a fine of $2,000. Attorney(s) for ADDITIONAL PENALTIES FOR A VIOLATION OF SECTION 14601, 14601.1, 14601.2 and 14601.5 35. If applicable - I understand that if I am convicted of a violation of Vehicle Code § 14601.2, or if the original charge was for a violation of that section but I am pleading to section 14601, 14601.1 or Office and P.O. Address 14601.5, the Court will require me to install an ignition interlock device (IID) on any vehicle that I own or operate. This order will be imposed 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. FailureTelephone No.: IID shall result in the suspension of my to install the driver's license by the DMV. . . . . . Facsimile No.:. . . . . . . . . . . . . . . . . . . . . . E-Mail Address: Mobile Tel. No.: 76A298K87 PRU-103 (Rev. 1-2003) See next page American LegalNet, Inc. www.USCourtForms.com INITIALS 35. Page 4 of 6 COURT NTY .OF. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ... .. : Index No. : Calendar No. 36. I have read and understood the applicable charts on pages 3 and 4, which list the minimum and : maximum penalties for the offense(s) I am charged with. (See No. 37 for the offenses not listed in JUDICIAL SUBPOENA Plaintiff(s) the charts.) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . -against: 37. If applicable - I understand that the possible consequences for the offense(s) charged, which are not listed on the penalty charts on pages 3 and 4, include the following: : o SECTION NUMBER JAIL - MIN. :MAX. FINE - MIN. FINE - MIN. MAX. MAX. FINE - MIN. 36. MAX. MAX. INITIALS MAX. OTHER CONSEQUENCES : Defendant(s) : ................................................ o SECTION NUMBER JAIL - MIN. OTHER CONSEQUENCES : EOPLE OF THE STATE OF NEW YORK o SECTION NUMBER JAIL - MIN. OTHER CONSEQUENCES : TINGS: o SECTION NUMBER JAIL - MIN. MAX. MAX. WE COMMAND YOU, that all business and excuses being laid aside, you FINE -each of you attend before and MIN. , norable at the Court OTHER CONSEQUENCES : located at y of m , on the day of , 20 , at o'clock in the noon, and at any recessed urned date, to testify and give evidence as a witness in this action on the part of the PLEA(S) 38. I hereby freely and voluntarily plead to the following: 37. GUILTY OR NO CONTEST Your failure to comply with this subpoena is punishable as a contempt of court and will make you liable to ty on whose behalf this subpoena was issued for a maximum penalty of $50 and all damages sustained as a LIST CHARGE(S) of your failure to comply. 39. If applicable - I freely and voluntarily admit the other conviction(s) that I listed on this form. I understand that this admission will increase the penalties which are imposed on me. . . . . Witness, Honorable , one of the Justices of the 40. If applicable - I freely and voluntarily admit the probation violation(s) that I listed on this form and n County, right to a hearing before 20judge regarding the probation violation(s). . . . . . . . day of , a give up my 41. I understand that I have the right to a delay of from 6 hours to 5 days prior to being sentenced for a misdemeanor, and the right to a delay of up to 20 days for a felony. I give up this right and agree to be sentenced at this time. . . (Attorney must sign above and type name .below). . . . . . . . . . . . . . . . . . . . . 42. If applicable - I understand that I have the right to enter my plea before, and to be sentenced by, a judge. I give up this right and agree to enter my plea before, and to be sentenced by: Attorney(s) for 38. 39. 40. 41. 42. TEMPORARY JUDGE’S NAME Office and P.O. Address ** DEFENDANT’S SIGNATURE: 76A298K87 PRU-103 (Rev. 1-2003) Telephone No.: Facsimile No.: E-Mail Address: Mobile Tel. No.: Continued on reverse DATE: American LegalNet, Inc. www.USCourtForms.com Page 5 of 6 COURT NTY .OF. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ... .. : Index No. ATTORNEY’S STATEMENT : Calendar No. I am the attorney of record for the defendant. I :have reviewed the form and any addenda with my client. I have JUDICIAL SUBPOENA Plaintiff(s) explained each of the defendant’s rights to the defendant and answered all of the defendant’s questions with regard to this plea. I have also discussed the facts of the defendant’s case with the defendant, and explained the -against: consequences of this plea, the elements of the offense(s), and the possible defenses. I concur in this plea and in the defendant’s decision to waive his or her constitutional rights. : : SIGNATURE OF DEFENDANT’S ATTORNEY DATE Defendant(s) : ................................................ EOPLE OF THE STATE OF NEW YORK INTERPRETER’S STATEMENT (if applicable) 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 (s)he understood the contents of the form, and then (s)he initialed and signed the form. TINGS: Language: Spanish Other (specify): WE COMMAND YOU, that all business and excuses being laid aside, you and each of you attend before , norable at the Court located at y of COURT INTERPRETER’S SIGNATURE TYPE OR PRINT NAME DATE m , on the day of , 20 , at o'clock in the noon, and at any recessed urned date, to testify and give evidence as a witness in this action on the part of the Your failure to comply with this subpoena is punishable as a contempt of court and will make you liable to ty on whose behalf this subpoena was issued for a maximum penalty of $50 and all damages sustained as a COURT’S FINDINGS AND ORDER of your failure to comply. The Honorable Witness, Court, having reviewed this form and any addenda, one of the Justices of the the defendant concerning the , and having questioned defendant’s constitutional rights and the defendant’s admission of other conviction(s) and probation violation(s), if n County, day of , 20 any, finds that the defendant has expressly, knowingly, understandingly and intelligently waived his or her constitutional rights. The Court finds that the defendant’s plea(s) and admission(s) are freely and voluntarily made with an understanding of the nature and consequences thereof, and that there is a factual basis for the plea(s). The Court accepts the defendant’s (Attorney must sign above and type admission of the other conviction(s) and plea(s), the defendant’s name below) probation violation(s), if any, and orders this form filed and incorporated in the docket by reference as though fully set forth therein. Attorney(s) for Judge of the Superior Court Temporary Judge of the Superior Court DATE Office and P.O. Address Telephone No.: Facsimile No.: E-Mail Address: Mobile Tel. No.: 76A298K87 PRU-103 (Rev. 1-2003) American LegalNet, Inc. www.USCourtForms.com Page 6 of 6