Last updated: 4/11/2018
Plea In Absentia DUI-Non DUI {CR-142}
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Description
CR - 142 Combined (Revised 03/2017) Plea in Absentia (DUI / Non DUI ) Sacramento Superior Court , Plea in Absentia Defendant Name Case Number Defendant Certification NON DUI DUI (VC 23152, 23153, 23103) I certify t h at I have re a d t h e a ttached form # e n tirely, that I und e rstand i t ; t h at my att o rney h as o rally explain e d it t o m e; t h at I h a ve p e rs o n ally a n d v o l u ntarily pl a ced the answ er s in t h e boxes and I enter a p l ea of t o the c h a r ge of v i olation the c ode section( s ) . I a u thorize a nd direct m y attorney, , in m y absence to enter m y plea and a d m it a n y p r i o r co nv ictio n s an d / o r a n y alle g ation (s) as in d icated o n t h e attac h ed wai v er f or m (s). My attorney is furth e r a u thor i zed a n d d i r ected to wa i v e time for sent e n cing, an d to r ece i ve the s e ntence in m y absenc e . My attorney is further authorized and directed to waive time for sentencing, and to receive the sentence in my absence. I specifically waive my righ t to personally enter my plea, I waive my right to be personally present when the sentence is imposed. I waive my right to delay sentencing not less than six hours nor more than five days after entry of the plea, and I waive my right to personally address the court in mitigation of any sentence which may be imposed. I understand that if the court grants probation, it shall be for not less than 3 years nor more than 5 years, and the terms and conditions of probation shall include, but not be limited to , fin e, jail time, restitution and obey all laws. I authorize my attorney to accept the conditions on my behalf. I c er tify t h at I h a v e r e a d t h e atta c h ed f o r m # entirely, that I understand it; that my attorney has orally t h at m y a tt orn e y h a s or al l y e x p lai n ed it to m e ; t h at I h a v e p e r s o n al l y a n d v o l u n ta r i l y p l a c e d t h e a n s w e r s in t h e bo x es a n d I e n ter a p lea o f to t h e c h a r g e o f v i o lati o n o f t h e V e h . C od e Sect i o ns . I a u t h or ize a n d d ire c t m y att or n e y , , to e n ter to t h e c o u r t in m y a b s e n ce m y p lea a n d a d m it a n y pr i o r c o nv icti o n s a n d / o r a n y r e f us al a l le g a t i o n as i n d icat e d o n t h e atta c h ed wai v er f o r m ( s ) . M y att or n e y is f u r t h er a u t h or i z e d a n d d ire c ted to w a i v e t i m e f o r s e n t e n c i ng , a n d to r e c ei v e t h e s e n te n ce i n m y a b s e n c e . I s p e ci f ical l y w a i v e m y r i g h t to in my absence to enter my plea and admit any prior convictions and/or any allegation (s) as indicated on the attached waiver form(s). My attorney is further authorized and directed to waive time for sentencing, and to receive the sentence in my absence. I spe cifically waive my right to personally enter my plea, I waive my right to be persona lly present when the sentence is imposed. I waive my right to delay sentencing not less than six hours nor more than five days after entry of the plea, and I waive my right to personally address the court in mitigation of any sentence which may be imposed. I understand that if the court grants probation, it shall be for not less than 3 years nor more than 5 years, and the terms and conditions of probation shall include, but not be limited to , fine, jail time, restitution and the conditions that I not drive measurable amount of alcohol in my system, not refuse to take a chemical test or tests of blood, breath or urine when requested to do so by a peace officer, and obey all laws. I authorize my attorney to accept the conditions on my behalf. Defendant Signature Date Attorney Certification I certify that I am the attorney of record for the defendant; that I have fully discussed the matters on the attached form # the plea and waivers were intelligently, voluntarily and expressly made; that I join in the plea and waivers, and that the above s ignature and the signature on the waiver form, if not notarized, were made in my presence. I stipulate there is a factual basis for the plea, and that time is waived for the judgment and sentencing. I have discussed potential conditions of probation with t he defendant and I am satisf ied that he/she understands them. Attorney Signature Date Findings and Order This document having been completed and presented to the Court; the Court being satisfied that the plea and waivers were expr essly, intelligently and voluntarily made; and the Court finding that there is a factual basis for said plea, the Court accepts such plea and ente rs it on the record. Judge / Commissioner Signature Date