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Misdemeanor Entry Of Plea (With Priors VC 23152) - California

Misdemeanor Entry Of Plea (With Priors VC 23152) Form. This is a California form and can be used in Criminal Sutter Local County .
 Fillable pdf Last Modified 8/21/2014
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SUPERIOR COURT OF CALIFORNIA, COUNTY OF SUTTER MISDEMEANOR ENTRY OF PLEA People of the State of California, Plaintiff -vs_________________________________, Defendant. Case No._________________________ Misdemeanor Entry of Plea 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 §23152( ) + 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: 60 months summary probation $2397 fine + $____ conviction assessment(s) 10 days in county jail $ 150 restitution fine + collection fee XX chemical test narcotics/alcohol ____ search terms for narcotics and paraphernalia alcohol/weapons/firearms/stolen property XX DUI school/SB-38/batterer's treatment class anger management/teen alcohol program XX $70 addl per count on misdemeanor conviction $75 addl per count on infraction conviction other: [ ] Must install ignition interlock device on any vehicle owned or operated by the defendant for 3 years. _____________________________________________________________________________ __________________________________________________________________________________ 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. The maximum sentence is $7,600 and/or 1 year in the county jail; ___[X] 2. Must serve not less than_______hours/days in the county jail, and pay of fine of not less than $2397 . ___[X] 3. There have been no other representations or promises made to me other than what is stated on this entry plea form. ___[ ] 4. Suspended license: ___[ ] For a second or subsequent conviction for Vehicle Code §14601.2 within 5 years, a mandatory minimum of not less than 30 days in the county jail; ___[ ] For a second or subsequent conviction for Vehicle Code §14601.1 (or second or subsequent conviction with previous VC §14601, §14601.2 or §14601.5) within 5 years, a mandatory minimum of not less than 5 days in the county jail; 10 days for §14601(a) or §14601.5 with prior. ___[X] 5. A conviction may be used to violate your probation or parole, and you may be sentenced to maximum term. ___[ ] 6. If applicable ­ I understand that if I was under the age of 21 at the time of my arrest, my driver's license will also be suspended for 1 year, and I must surrender my license to the court. If I do not have a valid driver's license, the Court will order the Department of Motor Vehicles (DMV) to delay issuing a license to me for 1 year after I become eligible to drive. ___[ ] 7. I understand that the DMV will prevent me from operating a commercial vehicle for one year if I was operating a commercial vehicle at the time of the offense. The DMV will also revoke my driver's license for a period of 4 years if I have a prior felony conviction in the past 10 years of Vehicle Code §23152 or §23153, or Penal Code §191.5, §192(c)(1) or §192(c)(3) . ___[ ] 8. 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] 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. 06/14 American LegalNet, Inc. www.FormsWorkFlow.com ___[X]10. Subsequent DUI Convictions within 10 Years: ___[X] For second conviction of Vehicle Code §23152 (a) or (b) there is a minimum fine, noted above, and a mandatory minimum of 90 days in the county jail. If probation is granted, probation terms shall include the following: 10 day minimum in jail (with at least 48 hours served consecutively), a minimum fine, noted above, and a two-year license suspension. Offender must complete a 18 month or 30-month alcohol program rehabilitation program. Failure to enroll or participate in the program is a mandatory minimum of 30 days in the county jail and 18-months license suspension. Termination from the program requires a jail sentence of at least 90 days. ___[X] For a third conviction of Vehicle Code §23152 (a) or (b) there is a minimum fine, noted above, a three year license suspension, and a mandatory minimum 120 days in the county jail. For a fourth or subsequent conviction, there is a minimum fine, a three-year license suspension, and a mandatory minimum of 180 days in the county jail; and it may be charged as a felony. ___[X] A conviction of Vehicle Code §23103/23103.5 (wet reckless) is treated as a §23152 prior. ___[X]12. 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]13. I understand that being under the influence of alcohol or drugs, or both, impairs my ability to safely operate a motor vehicle. Therefore, it is extremely dangerous to human life to drive while under the influence of alcohol or drugs, or both. If I continue to drive while under the influence of alcohol or drugs, or both, and a result of my driving, someone is killed, I can be charged wit
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