Misdemeanor Entry Of Plea (With Priors VC 14601.1)

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 §14601.1 (a) + prior(s) . [X] as set forth in the complaint or information [X] 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 _____ search terms for narcotics and paraphernalia $ 1914 fine + $ ___ conviction assessment(s) alcohol/weapons/firearms/stolen property _____ days in county jail DUI school/SB-38/batterer's treatment class $ 150 restitution fine + collection fee anger management/teen alcohol program _____ not contact/batter/harass or annoy: chemical test narcotics/alcohol ___________________________. 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. There have been no other representations or promises made to me other than what is stated on this entry plea form. ___[X ] 2. A conviction may be used to violate your probation or parole, and you may be sentenced to maximum term. ___[ ] 3. I have only one opportunity to challenge the alleged prior conviction(s) and I knowingly, voluntarily and expressly waive my right to contest the alleged prior(s), knowing that some of the grounds for contesting the prior(s) are that I did not waive my right to an attorney, or my right to confront and examine witnesses, or my right to a jury trial, or my right against self-incrimination. ___[X ] 4. A plea of no contest carries the same possible penalties, from the court and/or the Department of Motor Vehicles as a guilty plea. ___[X ] 5. 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. 02/16 American LegalNet, Inc. www.FormsWorkFlow.com SENTENCES FOR DRIVING IN VIOLATION OF A LICENSE SUSPENSION REVOCATION OR RESTRICTION Vehicle Code Section §14601 §14601.1 §14601.2 First Offense 5 days to 6 months in jail, and a fine of $1,154 to $3,804 Up to 6 months in jail, or a fine of $1,154 to $3,804, or both 10 days to 6 months in jail, and a fine of $1,914 to $3,804. 10 days in jail required if probation is imposed. Second or Subsequent Offense: I have a prior conviction(s) in past 5 years of §14601, §14601.1, §14601.2, or §14601.5. 10 days to 1 year in jail, and a fine of $1,914 to $3,804 10 days in jail required if probation is imposed. 5 days to 1 year in jail, and a fine of $1,914 to $3,804. 30 days to 1 year in jail, and a fine of $2,826 to 7,604. 30 days in jail required if probation is imposed. If I have been designated as an habitual traffic offender within 3 years of this conviction, I will in addition, be sentenced to serve 180 days in jail and to pay a $7,604 fine. §14601.5 §14601.3 Up to 6 months in jail, or a fine of $1,914 to $3,804, or both. 30 days in jail, and a fine of $3,804 10 days to 1 year in jail, and a fine of $2,826 to $7,604 Prior conviction(s) in past 7 years of §14601.3 180 days in jail, and a fine of $7,604 ____ [ X] 6. I have read and understand the above chart which lists the minimum and maximum penalties for the offense(s) charged against me. ____ [ ] 7. If applicable ­ I understand that if I am convicted of a violation of Vehicle Code §14601.2, or if the original charge was for a violation of that section but I am pleading to §14601, §14601.1 or §14601.5, the Court will require me to install an Ignition Interlock Device (IID) on any vehicle that I own or operate. This order will be imposed 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 driver's license. Failure to install the IID shall result in the suspension of my driver's license by the DMV. ____ [ ] 8. __________________________________________________________________________________ ____ [X ] 9. 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