DUI Advisement Of Rights Waiver And Plea Form (First Offense Only-Vehicle Code 23152) {PRU-100}

COURT OUNTY .OF. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ........ .. : : SUPERIOR COURT OF CALIFORNIA COUNTY: Index No. Calendar No. Reserved for Clerk's File Stamp Plaintiff(s) PLAINTIFF: : : : : JUDICIAL SUBPOENA -against- PEOPLE OF THE STATE OF CALIFORNIA DEFENDANT: DUI ADVISEMENT OF RIGHTS, WAIVER, AND PLEA FORM Defendant(s) : . . . . . . . . . . . . . . . . . . (First. Offense .Only. - . . . . . . . . .Code § 23152) . . . . . . . . . . . . . . . . . . Vehicle . . . . . INSTRUCTIONS CASE NUMBER: DEPARTMENT: HE PEOPLE OF THE STATE OF NEW YORK 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 4. If you have any questions about O 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. REETINGS: 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 YOU, may be asked to excuses being of aside, you that attorney, attend afford WE COMMANDcase, I that all business andpay all or part laidthe cost of and each of youif I canbefore to. I understand that there are dangers at the disadvantages to giving up my right to an attorney, and and , he Honorable Court located at ounty of that it is almost always unwise to represent myself. . . . . . . . . . . . . . . . . . . n room I give upon the , my right today attorney, and, I20 , at o'clock in the noon, and at any recessed 2. an of choose to represent myself. r adjourned date, to testify and give evidence as a witness in this action on the part of the (Does not apply if you have an attorney.) . . . . . . . . . . . . . . . . . . . . . . NATURE OF THE CHARGES (Complete all items you are charged with.) I understand that I am charged with a violation of Vehicle Code section(s): and will make you liable to Your failure to comply with this subpoena is punishable as a contempt of court he party on whose behalf this under thewas issued of alcohol or drugs, or of $50 and .all.damages sustained .as .a 3. 23152(a) - Driving subpoena influence for a maximum penalty both. . ...... esult of your failure to comply. 4. 23152(b) - Driving when my blood-alcohol level was .08 percent or higher. . . . . . . . . 5. 23152(d) - Driving a commercial vehicle when my blood-alcohol level was .04 percent or higher. Witness, Honorable , one of the Justices of the 6. 23103, 23103.5 - Reckless driving involving alcohol or drugs, or both. . . . . . . . . . . . ourt in County, day of , 20 7. If applicable - I understand that I am also charged with the following other offense(s): ______________________________________________________________________________________________________________________ TYPE OF OFFENSE(S) AND SECTION NUMBER(S) INITIALS 1. 2. . . . . 3. 4. 5. 6. (Attorney must sign above and type name below) 7. 8. I understand the charge(s) against me, and the possible pleas and defenses. . . . . . . . . Attorney(s) for CONSTITUTIONAL RIGHTS/WAIVER OF RIGHTS 9. 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. . . and. P.O. .Address. . . . . . . . . . . . .. Office . 10. I give up my right to a jury trial. . . . . . . . . . . . . . . . . . . . . . . . . . . 11. RIGHT TO CONFRONT WITNESSES - I understand that I have the right to confront and crossexamine all witnesses testifying against me. . . Telephone. No.: . . . . . . . . . . . . . . ... . Facsimile No.: 12. I give up my right to confront and cross-examine witnesses. . . . . . . . . . . . . . . . E-Mail Address: Mobile Tel. No.: 76A298M 8. 9. 10. 11. 12. PRU-100 (Rev. 1-2003) Continued on reverse American LegalNet, Inc. www.USCourtForms.com Page 1 of 4 COURT OUNTY .OF. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ........ .. CONSTITUTIONAL RIGHTS/WAIVER OF RIGHTS (Continued) No. : Index INITIALS 13. RIGHT AGAINST SELF-INCRIMINATION - I understand that I have the right to remain silent and not : Calendar No. incriminate myself, and the right to testify on my own behalf. I understand that by pleading guilty or no contest, I am incriminating myself. . . . .: . . . . . . . . . . . . . . . . . . JUDICIAL SUBPOENA Plaintiff(s) 14. I give up my right to remain silent and to not incriminate myself. . . . . . . . . . . . . . -against: 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. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16. I give up my right to produce evidence and witnesses on my own behalf. . . . . . . . . . . : 13. 14. 15. 16. Defendant(s) : . . . . . . . . . . . . . . . . . . . . FOR .DRIVING .UNDER THE .INFLUENCE OF ALCOHOL AND/OR DRUGS (Section 23152) SENTENCES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Minimum and Maximum Sentences when Probation is Granted Minimum and Maximum ( 3 to 5 Years Probation Term) Sentences without Probation Two options, both requiring a fine of $390 to $1,000, attendance at a 3-month First HE PEOPLE OF THE STATE program (or a 6-month program if my blood-alcohol content was 96 hours to 6 months in jail, $390 alcohol/drug OF NEW YORK offense .20 percent or more, or if I refused a chemical test at arrest), plus either: to $1,000 fine, and a 6-month within 7 driver's license suspension. years (A) 48 hours to 6 months in jail, and a 6-month driver's license suspension; or O (B) A 90-day driver's license restriction allowing driving for work and alcohol/drug program attendance only. However, my license shall be suspended for 6 months if the offense occurred in a vehicle which requires a class A or B driver's license. Two options, both carrying a fine of $390 to $1,000, plus either: Second REETINGS: 90 days to 1 year in jail, $390 to (A) 10 days to 1 year in jail and a 2-year driver's license suspension; or offense (B) 96 hours to 1 year in jail, an 18-month (or 30-month) alcohol/drug program, and a $1,000 fine, and a 2-year driver's within 7 driver's YOU, restri