DUI Advisement Of Rights Waiver And Plea Form (With Injury) {CR-122}

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 § 23153) CASE NUMBER: DEPARTMENT: INSTRUCTIONS Fill out thi s form if you wish to plea d guilty or no contest to the charge s against you. Initial th e box for e ach applicable item only if you understand it, and sign and date the form on page 5. If you have any questions a bout 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 proceeding s. 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, a nd 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. 23153(a) - Driving under the influence of alcohol or drugs, or both, and when driving, committing an act forbidden by law or neglecting a duty imposed by law, which causes injury to anot her person ................................................................................................................................................ 3. 23153(b) - Driving when my blood-alcohol level was .08 percent or higher, and when driving, committing an act forb idden by law or negle cting a dut y imposed by law, which causes injury to another person. .................................................................................................................................. 4. 23153(d) - Driving a commercial ve hicle when my blood-al cohol level was .04 percent or high er, and when driving, committing an act forbidden by law or negl ecting a duty imposed b y law, which causes injury to another person. ........................................................................................................ 5. Check if applicable 14601 or 14601.1 or 14601.2 or 14601.5 Driving in knowing violation of a driver's license restriction, suspension, or revocation..................... 6. Check if applicable 14601.3 (Habitual traffic offender) - Accumulating a driving record history in knowing violation of a driver's license suspension or revocation ................................................... 7. If applicable - I understand that I am also charged with the following other offense(s): 7. TYPE OF OFFENSE(S) AND SECTION NUMBER(S) INITIALS 1. 2. 3. 4. 5. 6. 8. If applicable - I am also charged with having the following other conviction(s): LIST OFFENSE(S), CASE NUMBER(S) AND DATE(S) 8. CR-122 (Rev. 1-2012) See Next Page American LegalNet, Inc. www.FormsWorkFlow.com Page 1 of 6 NATURE OF THE CHARGES (Continued) 9. If applicable ­ I am also charged with violating the probation order(s) in the following case(s): CASE NUMBER(S) AND DATE(S) INITIALS 9. 10. 10. I understand the charge(s) against me, and the possible pleas and defenses .................................. CONSTITUTIONAL RIGHTS 11. RIGHT TO A JURY T RIAL - I understand that I h ave the right to a speed y, public jur y trial. At the trial, I would be presumed innocent, and I could not be con victed unless 12 imparti al jurors were convinced of my guilt beyond a reasonable doubt ............................................................................. 12. RIGHT TO CONFRONT WITNESSES - I understand that I have the right to confront and crossexamine all witnesses testifying against me ...................................................................................... 13. RIGHT AGAINST SELF-INCRIMINATION - I understand that I have the rig ht to remain silent and not incriminate myself, and the right to t estify on my own behalf. I understa nd that by pleading guilt y or no contest, or admitting other conviction(s) or probation violation(s), I am incriminating myself ... 14. RIGHT TO P RODUCE EVIDENCE - I understand that I have the right to present evid ence 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) 15. I understan d that I have the right t o an attorn ey, the right to a jury t rial, the rig ht to confro nt witnesses, the right against self-incrimination, and the right to produce evidence and witnesses for all of the c harges 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, although I d o have the right to a hearing before a judge ......................................................................................... WAIVER OF RIGHTS Understanding all of the above, fo r all of the charges against me, including a ny other alleged conviction(s) or probation violation(s): 16. I give up my right to an attorney, and I choose to represent myself. (Does not apply if you have an attorney.) 17. I give up my right to a jury trial ........................................................................................................... 18. I give up my right to confront and cross-examine witnesses.............................................................. 19. I give up my right to remain silent and to not incriminate myself........................................................ 20. I give up my right to produce evidence and witnesses on my own behalf.......................................... CONSEQUENCES OF PLEA OF GUILTY OR NO CONTEST 21. I understand that if I a m not a citizen, a plea o f guilty or no contest (nolo contendere) could result in my deportation, exclusion from admission to this country, or denial of naturalization.................... 22. I understand that a plea of no contest will have the same effect in this case as a plea of guilty, and it can be used again st me in a civil lawsu it unless th e offense is punishab le only as a misdemeanor ...............................