IN THE JUSTICE COURT OF SPARKS TOWNSHIP, IN AND FOR THE COUNTY OF WASHOE, STATE OF NEVADA THE STATE OF NEVADA DUI / 0.10% WAIVER OF RIGHTS Plaintiff, ) Case No.: __________________ vs. ) ) Dept. No.: __________________ ) __________________________________,) Defendant. Defendants Initials ______ I understand that I have been charged with driving or being in actual ph ysical control of a motor vehicle on a highway or on premises to which the public has access in Washoe County, (initial the proper element(s)): ______ while under the influence of an intoxicating liquor; or ______ while having a 0.10% or more by weight alcohol in my blood; or ______ while under the combined influence of an intoxicating liquor and/or a controlled substance; or ______ while having a 0.10% or more by weight of alcohol in my blood within two hours after driving or being in actual physical control of a motor vehicle, on ______ the ____________________ day of __________________, 20___, in violation of WCC 70.3865. ______ I understand the State must prove the elements in the above paragraph be yond a reasonable doubt. ______ I understand the State will use this and any other constitutionally vali d prior conviction of this type of offense to enhance the penalty for any subsequent offense. ______ I understand the following possible punishments: ST 1 . Offense in 7 years a minimum of 2 days in jail or not less than 48 hours but not more than 96 hours of community service in distinctive garb to a maximum of 6 months in jail; a fine of not less th an $400 and not more than $1,000; successful completion and payment of an approved educational course on the abuse of alcohol and co ntrolled substances; pay and attend at my expense a meeting of a panel of persons who have been injured or had members of their fami lies or close friends injured or killed by persons driving under the influence of an intoxicating liquor or a controlled substance in order to understand the effect such a crime has on other persons; and a 90 day revocation of my drivers license by the Depart ment of Motor Vehicles. ND 2 . Offense in seven years - At least 10 days in jail but not more than 6 months, a fine of not less than $750 and no more than $1000; and revocation of my drivers license for a period of one year by the Department o f Motor Vehicles; and if offense occurred October 1, 1997 or after at least 100 hours but not more than 200 hours of communit y service in distinctive garb. RD 3 . Offense in seven years not less than 1 year nor more than 6 years in Nevada State Prison; a fi ne of not less than $2,000 and not more than $5,000; and revocation of my drivers license for a period of 3 years by the Department of Motor Vehicles. ______ I understand I have the right to have an attorney represent me, and if I cannot afford an att orney the Court will appoint one, and I give up this right or I am represented by ________________________ _________________. ______ I understand I have the right to a speedy trial and I give up this right. ______ I understand I have the right to confront and question all witnesses aga inst me and I give up this right. ______ I understand that I have the right to subpoena witnesses on my behalf an d compel their attendance and I give up this right. ______ I understand I have the right to remain silent and not incriminate mysel f, and I give up this right. ______ I understand that probation is not available for any of the above jail/p rison terms and that the judge is not bound by any agreement between the parties. ______ I am voluntarily pleading guilty/nolo contendere to the offense as state d in the first paragraph, without any promises of lenience or threats having been made. _____________________________ ______ ___________________ __________ ___________ Defendants Signature Initials Social Security Number Date of Birth Todays Date I certify that I am the attorney of record for Defendant; that I have fu lly discussed the matters herein with Defendant and advised Defendant thereon; that the representations above are Defendants own; tha t the plea and waivers were intelligently, voluntarily and expressly made; that I join in the plea and waiver; and that I stipulate there is a factual basis for the plea. ________________________________________________________ ____________________ Attorney Date I have addressed Defendant personally, canvassed Defendant on the above to include the elements of this offense as supported by the facts, the possible penalties and Defendants Constitutional rights; and I find the plea of guilty/nol o contendere is made voluntarily and with an understanding of the nature o f the charge and consequences of the plea and order the plea be entered into the minutes of the court. _______________________________________________________ ___________________ Justice of the Peace Date