Misdemeanor Plea Form - Superior Court Of California (Page 2 of 2) in pdf

___[X] 9. Subsequent DUI Convictions within 10 Years:

___[X ] For second conviction of Vehicle Code §23152 (a) or (b) there is a minimum fine, noted above,

and a mandatory minimum of 90 days in the county jail. If probation is granted, probation terms

shall include the following: 10 day minimum in jail (with at least 48 hours served consecutively), a

minimum fine, noted above, and a two-year license suspension. Offender must complete a 18

month or 30-month alcohol program rehabilitation program. Failure to enroll or participate in the

program is a mandatory minimum of 30 days in the county jail and 18-months license suspension.

Termination from the program requires a jail sentence of at least 90 days.

___[X ] For a third conviction of Vehicle Code §23152 (a) or (b) there is a minimum fine, noted above, a

three year license suspension, and a mandatory minimum 120 days in the county jail. For a fourth

or subsequent conviction, there is a minimum fine, a three-year license suspension, and a

mandatory minimum of 180 days in the county jail; and it may be charged as a felony.

___[X ] A conviction of Vehicle Code §23103/23103.5 (wet reckless) is treated as a §23152 prior.

___[X ]10. If you are not a citizen, you are hereby advised that the conviction of the offense for which you have

been charged may cause you to be deported from the United States, denied citizenship to the United

States and denied re-entry into the United States should you leave the country.

___[X ]11. I understand that being under the influence of alcohol or drugs, or both, impairs my ability to safely

operate a motor vehicle. Therefore, it is extremely dangerous to human life to drive while under the

influence of alcohol or drugs, or both. If 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.

___[X ]12. 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. 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 license.

___[X ]13. I understand that the DMV may restrict or suspend my driver’s license under a procedure which is

separate from this criminal action. If the Court orders my driver’s license restricted, the restriction will

begin only upon reinstatement of my driving privilege following completion of the DMV’s action, unless

the DMV’s action is set aside.

___[X ]14. I understand that proof of my successful completion of an alcohol/drug program must be received at

DMV headquarters in order for me 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.

___[X ]15. 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 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.

___[X ]16. I understand that the DMV may consider any of my other convictions for DUI or reckless driving, 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.

___[ ]17. __________________________________________________________________________________

___[X ]18. I understand that I have the right not to be sentenced earlier than six hours, nor later than 5 days after

my plea. I give up the right and agree to be sentenced at this time.

I have read and understand all of the foregoing and freely, voluntarily and expressly waive all the initialed rights and understand

fully the consequences of my plea.

Dated:__________________

___________________________________, Defendant

The undersigned has discussed all of the constitutional rights, all possible defenses, and all consequences connected with the entry

of plea with the defendant and concurs in the waiver of all enumerated rights.

Dated:__________________

____________________________________, Defense Counsel

The District Attorney of Sutter County joins the proposed offered plea herein set forth.

Dated:__________________

____________________________________, Deputy District Attorney

The Court finds the Defendant has made a knowing, intelligent, voluntary and express waiver of his/her rights, and understands

the possible consequences of the plea(s)/admission(s). The plea(s)/admission(s) is/are accepted and ordered entered by the clerk.

Dated:__________________

____________________________________, Judge of the Superior Court

I translated the foregoing entry of plea form to the defendant in the language of Spanish/Punjabi/______________.

Dated:__________________

____________________________________, Interpreter

06/14

Misdemeanor Plea Form - Superior Court Of California Page 2

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