Misdemeanor Entry Of Plea (VC 23152)

SUPERIOR COURT OF CALIFORNIA, COUNTY OF SUTTER MISDEMEANOR ENTRY OF PLEA People of the State of California, Plaintiff -vs- Case No._____________________ Misdemeanor Entry of Plea _________________________________, Defendant. Comes now the Defendant above-named represented by_________________________________ and offers to: [X ] Enter plea(s) of guilty/no contest to the charge(s) Defendant violated the following Code Section(s)_________ Vehicle Code §23152( )_____________________________________________________________________. [X ] as set forth in the complaint or information [ ] admitting the truth of the alleged prior conviction(s) as set forth in the complaint or information [X ] on the following terms and conditions A. B. [ ] The Court dismisses, on the motion of the District Attorney, the following charge(s):_______ __________________________________________________________________________. [X ] That the Court impose only the following judgment: 36 months summary probation $1827 fine + $____ conviction assessment(s) 48 hours in county jail $ 150 restitution fine + collection fee XX chemical test narcotics/alcohol ____ search terms for narcotics and paraphernalia alcohol/weapons/firearms/stolen property XX DUI school/SB-38/batterer's treatment class anger management/teen alcohol program XX $70 addl per count on misdemeanor conviction $75 addl per count on infraction conviction other:________________________________________________________________________ _____________________________________________________________________________ In making this offer the Defendant represents her/she understands each of the following rights initialed and expressly waives each and every right in relation to the present charge(s) as well as the prior conviction(s) alleged and admitted: ___[ ] 1. The right to be represented by an attorney or, if indigent, by the Public Defender; ___[X ] 2. The right to a speedy and public trial; ___[X ] 3. The right to a trial by jury or court; ___[X ] 4. The right to be confronted by adverse witnesses (to see, hear and question all witnesses against me); ___[X ] 5. The right to subpoena witnesses to testify on my behalf, and to present evidence in my own defense; ___[X ] 6. The right to remain silent, that is, not to be compelled to plead guilty or testify against myself. I understand the consequences of my plea are: ___[X ] 1. The maximum sentence is $3800 and/or 6 months in the county jail; ___[X ] 2. Must serve not less than_______hours/days in the county jail, and pay of fine of not less than $1827. ___[X ] 3. There have been no other representations or promises made to me other than what is stated on this entry plea form. ___[ ] 4. Suspended license: ___[ ] For a second or subsequent conviction for Vehicle Code §14601.2 within 5 years, a mandatory minimum of not less than 30 days in the county jail; ___[ ] For a second or subsequent conviction for Vehicle Code §14601.1 (or second or subsequent conviction with previous VC §14601, §14601.2 or §14601.5) within 5 years, a mandatory minimum of not less than 5 days in the county jail; 10 days for §14601(a) or §14601.5 with prior. ___[X ] 5. A conviction may be used to violate your probation or parole, and you may be sentenced to maximum term. ___[ ] 6. 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 order the Department of Motor Vehicles (DMV) to delay issuing a license to me for 1 years after I become eligible to drive. ___[ ] 7. 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) . ___[ ] 8. A plea of no contest carries the same possible penalties, from the court and/or the Department of Motor Vehicles as a guilty plea. 06/14 American LegalNet, Inc. www.FormsWorkFlow.com ___[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 D