DUI Advisement Of Rights Waiver And Plea Form (Blank) {CR-127}

SUPERIOR COURT OF CALIFORNIA COUNTY: Reserved for Clerk's File Stamp COUNTY OF EL DORADO PLAINTIFF: PEOPLE OF THE STATE OF CALIFORNIA DEFENDANT: DUI ADVISEMENT OF RIGHTS, WAIVER, AND PLEA FORM (Vehicle Code § 23152) CASE NUMBER: DEPARTMENT: INSTRUCTIONS Fill out this form if you wish to plead guilty or no contest to the charges against you. Initial the box for each applicable item only if you understand it, and sign and date the form on page 5 . If you have any questions about your case, the possible sentence, or the information on this form, ask your attorney or the judge. RIGHT TO AN ATTORNEY 1. I understand that I have the right to be represented by an attorney throughout the proceedings. I understand that the Court will appoint a free attorney for me if I cannot afford to hire one, but at the end of the case, I may be asked to pay all or part of the cost of that attorney, if I can afford to. I understand that there are dangers and disadvantages to giving up my right to an attorney, and that it is almost always unwise to represent myself............................................................................ NATURE OF THE CHARGES (Initial all items you are charged with.) I understand that I am charged with a violation of Vehicle Code section(s): 2. 3. 4. 5. 6. 23152(a) - Driving under the influence of alcohol or drugs, or both .................................................... 23152(b) - Driving when my blood-alcohol level was .08 percent or higher ........................................ 23152(d) - Driving a commercial vehicle when my blood-alcohol level was .04 percent or higher ..... 23103, 23103.5 - Reckless driving involving alcohol or drugs, or both ................................................ Check if applicable 14601 or 14601.1 or 14601.2 or 14601.5 INITIALS 1. 2. 3. 4. 5. Driving in knowing violation of a driver's license restriction, suspension, or revocation..................... 7. Check if applicable 14601.3 (Habitual traffic offender) ­ Accumulating a driving record history in knowing violation of a driver's license suspension or revocation ................................................... 8. If applicable - I understand that I am also charged with the following other offense(s): TYPE OF OFFENSE(S) AND SECTION NUMBER(S) 6. 7. 8. 9. If applicable - I am also charged with having the following other conviction(s): LIST OFFENSE(S), CASE NUMBER(S) AND DATE(S) 9. 10. If applicable - I am also charged with violating the probation order(s) in the following case(s): CASE NUMBER(S) AND DATE(S) 10. 11. 11. I understand the charge(s) against me, and the possible pleas and defenses .................................. CONSTITUTIONAL RIGHTS 12. RIGHT TO A JURY TRIAL - I understand that I have the right to a speedy, public jury trial. At the trial, I would be presumed innocent, and I could not be convicted unless 12 impartial jurors were convinced of my guilt beyond a reasonable doubt ............................................................................. CR-127 (Rev. 1-2012) Continued on reverse page 1 of 6 12. American LegalNet, Inc. www.FormsWorkFlow.com CONSTITUTIONAL RIGHTS (Continued) 13. RIGHT TO CONFRONT WITNESSES - I understand that I have the right to confront and crossexamine all witnesses testifying against me....................................................................................... 14. RIGHT AGAINST SELF-INCRIMINATION - I understand that I have the right to remain silent and not incriminate myself, and the right to testify on my own behalf. I understand that by pleading guilty or no contest, or admitting other conviction(s) or probation violation(s), I am incriminating myself. .. 15. RIGHT TO PRODUCE EVIDENCE - I understand that I have the right to present evidence and to have the Court issue subpoenas to bring into court all witnesses and evidence favorable to me, at no cost to me...................................................................................................................................... RIGHTS ON CHARGES OF OTHER CONVICTION(S) AND PROBATION VIOLATION(S) right to 16. If applicable - I understand that I have the right to an attorney, the right to a jury trial, the confront witnesses, the right against self-incrimination, and the right to produce evidence and witnesses for all charges against me, including other alleged conviction(s) or probation violation(s). However, for a charge of violating probation, I do not have the right to a jury trial, but I do have the right to a hearing before a judge..................................................................................... WAIVER OF RIGHTS Understanding all of the above, for all of the charges against me, including any other conviction(s) or probation violation(s): alleged INITIALS 13. 14. 15. 16. 17. I give up my right to an attorney, and I choose to represent myself. (Does not apply if you have an attorney.) 18. I give up my right to a jury trial. .......................................................................................................... 19. I give up my right to confront and cross-examine witnesses .............................................................. 20. I give up my right to remain silent and to not incriminate myself ........................................................ 21. I give up my right to produce evidence and witnesses on my own behalf.......................................... CONSEQUENCES OF PLEA OF GUILTY OR NO CONTEST 22. I understand that if I am not a citizen, a plea of guilty or no contest (nolo contendere) could result in my deportation, exclusion from admission to this country, or denial of naturalization................... 23. I understand that a plea of no contest will have the same effect in this case as a plea of guilty, but it cannot be used against me in a civil lawsuit unless the offense is punishable as a felony ............. 24. I understand that any plea entered in this case may be grounds for revoking probation or parole which has previously been granted to me in any other case.............................................................. 25. I understand that the Department of Motor Vehicles (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 license suspension or revocation as a result ................................................. 26. I understand that in addition to the fine, the Court