SUPERIOR COURT OF CALIFORNIA COUNTY OF YUBA 215 FIFTH STREET, SUITE 200 MARYSVILLE, CA 95901 (530) 749-7600 THE PEOPLE OF THE STATE OF CALIFORNIA vs. DEFENDANT: MISDEMEANOR ENTRY OF PLEA ­ VC § 23103 / 23103.5 I, THE ABOVE-NAMED DEFENDANT, hereby offer to: _______ _______ Enter a plea of GUILTY NOLO CONTENDERE to the violation of VC § 23103 / 23103.5 as set forth in the Complaint. I knowingly, voluntarily and expressly waive my one and only opportunity to challenge or contest the below listed prior conviction(s). I acknowledge that some of the grounds for contesting the prior(s) are that I did not waive my Constitutional Rights listed as 1 through 5 below. Arrest Date Conviction Date County CASE NUMBER: I understand that by initialing each of the following Rights, I am expressly waiving each and every Right in relation to the present charge(s) against me, as well as the alleged and admitted prior conviction(s): _______ 1. _______ 2. _______ 3. _______ 4. _______ 5. _______ 1. The Right to be represented by an attorney; if I am unable to hire my own attorney, the Court will appoint an attorney to represent me. The Right to a speedy and public court or jury trial. The Right to confront adverse witnesses, that is, to see, hear and question all witnesses against me. The Right to subpoena witnesses to testify on my behalf at no cost to me. The Right to remain silent, that is, not to be compelled to plead guilty/no contest or testify against myself. I understand a conviction constitutes a prior for purposes of subsequent DUI convictions for the next 10 years. The penalties are a minimum 5 days to a maximum 90 days in county jail and/or a minimum $880 to maximum $3,900 fine (including penalty assessments and fees); a discretionary license suspension by the Court of up to 30 days for a first conviction, up to 60 days for a second conviction, and up to 6 months for a third conviction (VC § 13200). If I am under age 21, there is an additional 1-year license suspension or delay and immediate surrender of my license to the Court (VC § 13202.5). If probation is granted, the minimum fine for my plea is $880 (including penalty assessments and fees). I must also complete a minimum of a 12-hour education component of an alcohol/drug education program. For a second conviction of VC § 23152(a) or (b), the maximum penalties are a fine of $19,000 (including penalty assessments and fees) and/or 1 year in county jail, and a license suspension for 2 years. The minimum penalties are a fine of $2,000 (including penalty assessments and fees), a mandatory minimum of 10 days in county jail, and a mandatory admin per se license suspension for 1 year. Probation may be granted for up to 5 years. DMV requires an 18-month alcohol rehabilitation program (SB 38), with no credit for any enrollment or participation prior to the time of the current violation, as a prerequisite to having my license reinstated. For a third conviction of VC § 23152(a) or (b), the maximum penalties are a fine of $19,000 (including penalty assessments and fees) and/or 1 year in county jail. The minimum penalties are a fine of $3,080 (including penalty assessments and fees), a mandatory minimum of 120 days in county jail, and a mandatory 3-year driver's license suspension. The Court will also designate me as a habitual traffic offender for a period of 3 years (VC § 23546), and I may be required to immediately surrender my license to the Court. The Court may also declare the vehicle I was operating a nuisance and order it forfeited (VC § 23596) if I am the registered owner. Probation may be granted for up to 5 years. DMV requires an 18-month alcohol rehabilitation program (SB 38), with no credit for any enrollment or participation prior to the time of the current violation, as a prerequisite to having my license reinstated. For a fourth conviction of VC § 23152(a) or (b) treated as a felony, the maximum penalties are a fine of $19,000 (including penalty assessments and fees) or up to 3 years in state prison, or both, and a mandatory 4-year driver's license revocation. The minimum penalties are a fine of $3,080, up to 1 year in county jail, and a mandatory 4-year driver's license revocation. Further, the Court will designate me as a habitual traffic offender for a period of 3 years (VC § 3546). The Court may also declare the vehicle I was operating a nuisance and order it forfeited (VC § 23596) if I am the registered owner. DMV must certify my eligibility prior to license reinstatement. In compliance with PC § 296, I must provide blood and saliva samples and palm prints for the state DNA data bank. If I serve state prison time, it will constitute a 1-year prison prior pursuant to PC § 667.5, if alleged and proved. For a fourth conviction of VC § 23152(a) or (b) treated as a misdemeanor, the maximum penalties are a fine of $19,000 (including penalty assessments and fees) and/or 1 year in county jail. The minimum penalties are a fine of $3,800 (including penalty assessments and fees), a minimum of 180 days in county jail, and a mandatory 4-year license revocation. Further, the MISDEMEANOR ENTRY OF PLEA VC § 23103 / 23103.5 CM04043 Page 1 of 2 American LegalNet, Inc. www.FormsWorkFlow.com I UNDERSTAND THAT THE CONSEQUENCES OF MY PLEA ARE: _______ 2. _______ 3. _______ 4. _______ 5. Yuba County Superior Court Effective 2/10/05; Rev. 9/09/10; Amended 5/10/11 People vs. Case No. Court will designate me as a habitual traffic offender for a period of 3 years (VC § 23546). The Court may declare the vehicle a nuisance and order it forfeited (VC § 23596) if I am the registered owner. DMV must certify my eligibility prior to license reinstatement. _______ 6. This conviction for VC § 23103/23103.5 may be used in any future felony driving-under-the-influence conviction to increase the penalties, which may include a state prison sentence and a fine up to $38,000 (including penalty assessments and fees), plus a restitution fine of between $200 and $10,000, and may increase the sanctions for any future alcohol-related misdemeanor or felony convictions for the next 10 years. If a subsequent DUI conviction occurs within 5 years of a prior DUI conviction, I may be ordered to install, at my own cost, an Ignition Interlock Device in any vehicle that I own or operate. The vehicle I was operating at the time of the violation may be impounded at my expense for not more than 30 days. A plea to this charge may result in a violation of probation and the proper court(