COURT COUNTY .OF. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ......... .. : : SUPERIOR COURT OF CALIFORNIA COUNTY: Plaintiff(s) PLAINTIFF: -against- Reserved for Clerk’s File Stamp Calendar No. JUDICIAL SUBPOENA : PEOPLE OF THE STATE OF CALIFORNIA DEFENDANT: : Index No. : : DUI ADVISEMENT OF RIGHTS, WAIVER, AND PLEA FORM Defendant(s) : . . . . . . . . . . . . . . . . . . . (First. Offense .Only. - . . . . . . . . .Code § 23152) . . . . . . . . . . . . . . . . . . Vehicle . . . . . CASE NUMBER: DEPARTMENT: INSTRUCTIONS THE PEOPLE OF THE STATE OF NEW YORK 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 TO your case, the possible sentence, or the information on this form, ask your attorney or the judge. INITIALS RIGHT TO AN ATTORNEY 1. I understand that I have the right to be represented by an attorney throughout the proceedings. GREETINGS: 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 YOU, may be asked to excuses being of aside, you that attorney, attend afford WE COMMANDcase, I that all business andpay all or part laidthe cost of and each of youif I canbefore to. I understand that there are dangers at the disadvantages to giving up my right to an attorney, and and , the Honorable Court located at County of that it is almost always unwise to represent myself. . . . . . . . . . . . . . . . . . . in room I give upon the , my right today attorney, and, I20 , at o'clock in the noon, and at any recessed 2. an of choose to represent myself. or adjourned date, to testify and give evidence as a witness in this action on the part of the (Does not apply if you have an attorney.) . . . . . . . . . . . . . . . . . . . . . . 1. 2. NATURE OF THE CHARGES (Complete all items you are charged with.) I understand that I am charged with a violation of Vehicle Code section(s): and will make you liable to Your failure to comply with this subpoena is punishable as a contempt of court the party on whose behalf this under thewas issued of alcohol or drugs, or of $50 and .all.damages sustained .as .a 3. 23152(a) - Driving subpoena influence for a maximum penalty both. . . . . . . . result of your failure to comply. 4. 23152(b) - Driving when my blood-alcohol level was .08 percent or higher. . . . . . . . . 5. 23152(d) - Driving a commercial vehicle when my blood-alcohol level was .04 percent or higher. Witness, Honorable , one of the Justices of the 6. 23103, 23103.5 - Reckless driving involving alcohol or drugs, or both. . . . . . . . . . . . Court in County, day of , 20 7. If applicable - I understand that I am also charged with the following other offense(s): . 3. . . 4. . 6. 5. ______________________________________________________________________________________________________________________ 7. (Attorney must sign above and type name below) TYPE OF OFFENSE(S) AND SECTION NUMBER(S) 8. I understand the charge(s) against me, and the possible pleas and defenses. . . . . . . . . Attorney(s) for CONSTITUTIONAL RIGHTS/WAIVER OF RIGHTS 8. 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. . . and. P.O. .Address. . . . . . . . . . . . . . Office . 10. I give up my right to a jury trial. . . . . . . . . . . . . . . . . . . . . . . . . . . 10. 11. RIGHT TO CONFRONT WITNESSES - I understand that I have the right to confront and crossexamine all witnesses testifying against me. . . Telephone. No.: . . . . . . . . . . . . . . . . . . Facsimile No.: 12. I give up my right to confront and cross-examine witnesses. . . . . . . . . . . . . . . . E-Mail Address: Mobile Tel. No.: 76A298M PRU-100 (Rev. 1-2003) Continued on reverse American LegalNet, Inc. www.USCourtForms.com 9. 11. 12. Page 1 of 4 COURT COUNTY .OF. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ......... .. CONSTITUTIONAL RIGHTS/WAIVER OF RIGHTS (Continued) No. : Index INITIALS 13. RIGHT AGAINST SELF-INCRIMINATION - I understand that I have the right to remain silent and not : Calendar No. incriminate myself, and the right to testify on my own behalf. I understand that by pleading guilty or no contest, I am incriminating myself. . . . .: . . . . . . . . . . . . . . . . . . JUDICIAL SUBPOENA Plaintiff(s) 14. I give up my right to remain silent and to not incriminate myself. . . . . . . . . . . . . . -against: 15. 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. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16. I give up my right to produce evidence and witnesses on my own behalf. . . . . . . . . . . : 13. 14. 15. 16. Defendant(s) : . . . . . . . . . . . . . . . . . . . . . FOR .DRIVING .UNDER THE .INFLUENCE OF ALCOHOL AND/OR DRUGS (Section 23152) SENTENCES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Offense Minimum and Maximum Sentences when Probation is Granted Minimum and Maximum ( 3 to 5 Years Probation Term) Sentences without Probation Two options, both requiring a fine of $390 to $1,000, attendance at a 3-month First THE PEOPLE OF THE STATE program (or a 6-month program if my blood-alcohol content was 96 hours to 6 months in jail, $390 alcohol/drug OF NEW YORK offense .20 percent or more, or if I refused a chemical test at arrest), plus either: to $1,000 fine, and a 6-month within 7 driver’s license suspension. years (A) 48 hours to 6 months in jail, and a 6-month driver's license suspension; or TO (B) A 90-day driver’s license restriction allowing driving for work and alcohol/drug program attendance only. However, my license shall be suspended for 6 months if the offense occurred in a vehicle which requires a class A or B driver's license. Two options, both carrying a fine of $390 to $1,000, plus either: Second GREETINGS: 90 days to 1 year in jail, $390 to (A) 10 days to 1 year in jail and a 2-year driver’s license suspension; or offense (B) 96 hours to 1 year in jail, an 18-month (or 30-month) alcohol/drug program, and a $1,000 fine, and a 2-year driver’s within 7 driver’s YOU, restriction allowing driving only for work and alcohol/drug each of license suspension. years COMMAND license that all business and excuses being laid aside, you and program you attend before WE attendance for the duration of the program. , the Honorable at the Court located at County of in room , on the day of 20 , at o'clock in the SENTENCES FOR, RECKLESS DRIVING (Sections noon, and at any recessed 23103, 23103.5) or adjourned date, to testify and give evidence as a witness in this Sentencesthe part of the action on Offense Minimum and Maximum Other Consequences Reckless driving If probation is granted: A maximum of 90 days in jail, or $1,000 fine, reduced from or both, plus attendance at treatment program. driving under the If probation is not granted: 5 days to 90 days in jail, or $145 to $1,000 influence failure to comply with this subpoena is punishable as a contempt of court and Your (DUI) fine, or both. If alcohol or drugs are involved, this conviction will act as a separate DUI conviction if I commit a subsequent DUI will make you 7 years. offense within liable to the party on whose behalf this subpoena was issued for a maximum penalty of $50 and all damages sustained as a result of your failure to comply. CONSEQUENCES OF PLEA OF GUILTY OR NO CONTEST INITIALS 17.Witness, read and understood the above charts which list the, minimum Justices of the penalties for I have Honorable one of the and maximum the offense(s) I am charged with. (See item No. 30 for the offenses not listed in the charts.) . . Court in County, day of , 20 17. 18. I understand that in addition to the fine, 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 unless the Court finds compellingmust sign above and type name below)not to do so. . (Attorney and extraordinary reasons 18. 19. If applicable - I understand that if I was under the age of 21 at the time of my arrest, my driver’s 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 orderAttorney(s) for the Department of Motor Vehicles (DMV) to delay issuing a license to me for 1 year after I become eligible to drive. . . . . . . . . . . . . . 19. 20. 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. . . . . . . . . . . . . . Office and P.O. Address 21. I understand that the Court may order my vehicle impounded at my expense for up to 30 days. It may also require me to install an ignition interlock device (IID) for up to three years. Heightened consideration will be given to required IID installation if the factors in No. 20 (above) exist, or if I Telephone No.: have two or more prior moving violations. Installation of this device, which prevents the vehicle Facsimile No.: from starting if I have alcohol in my body, does not authorize me to drive without a valid license. . E-Mail Address: Mobile Tel. No.: 76A298M PRU-100 (Rev. 1-2003) See next page American LegalNet, Inc. www.USCourtForms.com 20. 21. Page 2 of 4 COURT COUNTY .OF. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ......... .. : Index No. INITIALS : CONSEQUENCES OF PLEA OF GUILTY OR NO CONTEST (Continued) Calendar No. 22. I understand that the DMV may restrict or suspend: my driver’s license under a procedure which is JUDICIAL SUBPOENA Plaintiff(s) separate from this criminal action. If the Court orders my driver’s license restricted, the restriction will begin only-againstupon reinstatement of my driving privilege following completion of the DMV’s : action, unless the DMV’s action is set aside. . . . . . . . . . . . . . . . . . . . . : 23. I understand that the DMV will prevent me from operating a commercial vehicle for one year if I was operating a commercial vehicle at the time of the offense. The DMV will also revoke my driver’s license for a period of 4 years if I have a: prior felony conviction in the past 10 years of Vehicle Code §§ 23152 or 23153, or Penal Code §§ 191.5, 192(c)(1) or 192(c)(3). . . . . . . Defendant(s) : . . . . . .24.. 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. . . . . . . . . . . . . . . . . . . . . . . . . . THE PEOPLE OF THE STATE OF NEW YORK 25. I understand that the DMV will not issue a restricted driver’s license or restore my driving privilege following a restriction or suspension unless I have proof of insurance for 3 years. The DMV will TO suspend my license: (1) until proof of insurance is provided to the DMV and (2) upon my failure to maintain such proof during the 3-year period. . . . . . . . . . . . . . . . . . . . 26. I understand that the DMV may consider any of my other convictions for DUI or reckless driving, GREETINGS: even those that are not charged in this proceeding, and may impose a more severe driver’s license restriction, suspension, or revocation as a result. . . . . . . . . . . . . . . . . . . . WE COMMAND YOU, that all business and excuses being laid aside, you and each of you attend before , the Honorable at plea Court 27. I understand that if I am not a citizen, athe of guilty or no contest could result in my deportation, located this County of exclusion from admission to at country, or denial of naturalization. . . . . . . . . . . . . in room , on the day of , 20 , at o'clock in the noon, and at any recessed 28. I date, to testify and plea of no contest (nolo contendere) will part exactly or adjournedunderstand that a give evidence as a witness in this action on thehave of the the same effect in this case as a plea of guilty, but it cannot be used against me in a civil lawsuit. . . . . . . . . . 29. 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. . . . . . . . . . . . . . . . Your failure to comply with this subpoena is punishable as a contempt of court and will make you liable to PENALTIES FOR OTHER CHARGES the party on whose behalf this subpoena was issued for a maximum penalty of $50 and all damages sustained as a result of yourapplicablecomply. 30. If failure to - I understand that the possible consequences for the offense(s) charged, which are not listed on the penalty charts on page 2, include the following: Witness, Honorable , one of the Justices of the o _____________ __________________________ ______________________________ SECTION NUMBER JAIL of - MIN. MAX. FINE - MIN. MAX. Court in County, day , 20 OTHER CONSEQUENCES : o _____________ o _____________ o _____________ SECTION NUMBER OTHER CONSEQUENCES : 24. 25. 26. 27 28. 29. (Attorney must sign above and type name below) __________________________ JAIL - MIN. ______________________________ MAX. FINE - MIN. MAX. ____________________________________________________________________________________________________ Attorney(s) for __________________________ SECTION NUMBER OTHER CONSEQUENCES : 23. ____________________________________________________________________________________________________ SECTION NUMBER OTHER CONSEQUENCES : 22. JAIL - MIN. MAX. ______________________________ FINE - MIN. MAX. Office and P.O. Address ___________________________________________________________________________________________________ __________________________ ______________________________ Telephone No.: JAIL - MIN. MAX. FINE - MIN. MAX. Facsimile No.: E-Mail Address: ___________________________________________________________________________________________________ Mobile Tel. No.: 76A298M PRU-100 (Rev. 1-2003) Continued on reverse American LegalNet, Inc. www.USCourtForms.com 30. Page 3 of 4 COURT COUNTY .OF. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ......... .. : Index No. PLEA(S) : Calendar No. 31. I hereby freely and voluntarily plead _____________________________________ to: : GUILTY OR NO CONTEST JUDICIAL SUBPOENA Plaintiff(s) -against- INITIALS 31. : LIST CHARGE(S) : 32. I understand that I have the right to a delay of from 6 hours to 5 days prior to being sentenced. I give up this right and agree to be sentenced at this time. . . . . . . . . . . . . . . . : 33. 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 andDefendant(s) agree to enter my :plea before, and to be sentenced by: ...................................................... 32. 33. TEMPORARY JUDGE’S NAME THE PEOPLE OF THE STATE OF NEW YORK ** DEFENDANT’S SIGNATURE: DATE: TO ATTORNEY’S STATEMENT I am the GREETINGS: attorney of record for the defendant. I have reviewed the form and any addenda with my client. I have explained each of the defendant’s rights to the defendant and answered all of the defendant’s questions with regardCOMMAND YOU, that all discussed the facts of thelaid aside, youcaseeach of you attend before explained the WE to this plea. I have also business and excuses being defendant’s and with the defendant, and consequences of this plea, the elementsat the offense(s),Court the possible defenses. I concur in this plea and in of the and , the Honorable to waive Countythe defendant’s decision located at his or her constitutional rights. of in room , on the day of , 20 , at o'clock in the noon, and at any recessed or adjourned date, to testify and give evidence as a witness in this action on the part of the SIGNATURE OF DEFENDANT’S ATTORNEY DATE INTERPRETER’S STATEMENT (if court and will Your failure to comply with this subpoena is punishable as a contempt ofapplicable) make you liable to the party on whose behalf this subpoena was issued for a maximum penalty of $50 and all damages sustained as a I, having been comply. result of your failure to 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 Spanish Other (specify): initialed and signed the form. Language: Witness, Honorable , one of the Justices of the Court in County, day of , 20 COURT INTERPRETER’S SIGNATURE TYPE OR PRINT NAME DATE (Attorney must sign above and type name below) COURT’S FINDINGS AND ORDER The Court, having reviewed this form and any addenda, and having questioned the defendant concerning the defendant’s constitutional rights, finds that the Attorney(s) for expressly, knowingly, understandingly and defendant has intelligently waived his or her constitutional rights. The Court finds that the defendant’s plea is freely and voluntarily made with an understanding of the nature and consequences thereof, and that there is a factual basis for the plea. The Court accepts the defendant’s plea and orders this form filed and incorporated in the docket by reference as though fully set forth therein. Office and P.O. Address Judge of the Superior Court Temporary Judge of the Superior Court 76A298M PRU-100 (Rev. 1-2003) DATE Telephone No.: Facsimile No.: E-Mail Address: Mobile Tel. No.: American LegalNet, Inc. www.USCourtForms.com Page 4 of 4