Kentucky > Statewide > Driving Under Intoxication
DUI Guilty Plea 495 - Kentucky
| DUI Guilty Plea Form. This is a Kentucky form and can be used in Driving Under Intoxication Statewide . |
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AOC-495 Rev. 6-10 Page 1 of 2 Doc. Code: GPF COM M O NW E A LT H O F K E lex et justitia Case No. ____________________ Court _______________________ County ______________________ Citation # ____________________ Violation Date ________________ PLAINTIFF U C KY E NT CO Commonwealth of Kentucky Court of Justice www.courts.ky.gov RCr8.08,8.10;KRS189A.010 COMMONWEALTH OF KENTUCKY VS. U RT OF JUS TI DUI (Guilty Plea) ______________________________________________ Address:_______________________________________ ______________________________________________ ______________________________________________ C DEFENDANT Comes Defendant, in person [ ] with counsel OR [ ] without counsel, and moves this Court to allow him/her to enter a plea of "GUILTY" as set forth below. In support of this motion, Defendant states as follows: 1. 2. 3. 4. 5. I am the person named above and in the citation/warrant charging me with DUI [ ] first [ ] second [ ] third [ ] fourth or subsequent offense. I am pleading guilty to _____________________________________. My judgment is not now impaired by drugs, alcohol, or medication. I have reviewed a copy of the citation. [ ] I have told my attorney all the facts known to me concerning my charges. I believe he/she is fully informed about my case. We have fully discussed and I understand the charges against me and any possible defenses to them.Iamsatisfiedwiththeadviceandcounseltheattorneyhasprovidedme. I understand I may plead "NOT GUILTY" or "GUILTY" to any charge against me. I understand the Constitution guarantees me these rights: (a) the right not to testify against myself; (b) the right to a speedy and public trial by jury, with legal representation, at which the Commonwealth must prove my guilt beyond a reasonable doubt; (c) the right to have counsel appointed if I cannot afford counsel; (d) the right to confront and cross-examine all witnesses called to testify against me; (e) the right to produce any evidence, including witnesses, in my favor; (f) the right to appeal my case to a higher court; and (g) the right to reasonable bail. I understand if I plead "GUILTY," I waive these rights and lose the privilege to operate a motor vehicle in the Commonwealth of Kentucky. I further understand that should I be convicted of other DUI offenses or operating on suspended license offenses, penalties will be increased with each conviction. I understand if I plead "GUILTY," the Court may impose any punishment within the range provided by law and while it may consider the Commonwealth's recommendation, the Court may reject it. The legal DUI penalty ranges are: (a) First Offense Within 5 Years: (1) Penalties-$200to$500fineand/or48hoursto30daysjail.Communitylaborof48hoursto30daysmay besubstitutedforfineorjail.Ifanaggravatingcircumstanceispresentatcommissionofoffense,thereisa mandatory minimum of four (4) days imprisonment. (2) Costs and Fees - Court Costs, DUI Service Fee, Treatment Program Fee, County Fees, State Fees. (3) Alcohol or Substance Abuse Treatment Program - 90 days. (4) License Revoked-30-120days(orifDefendantisunder18,untilDefendantreachesage18,whicheveris longer). May apply for hardship license after minimum suspension period expires. (b) Second Offense Within 5 Years: (1) Penalties -$350to$500fineand7daysto6monthsjail.Courtmayorder10daysto6monthscommunity labor. Must serve minimum of jail and/or community labor. If aggravating circumstance present, mandatory minimum term of imprisonment shall be 14 days. (2) Costs and Fees - Court Costs, DUI Service Fee, Treatment Program Fee, County Fees, State Fees. (3) Alcohol or Substance Abuse Treatment Program - 1 year. (4) License Revoked-12-18months(orifDefendantisunder18,untilDefendantreachesage18,whicheveris longer). May apply for hardship license after minimum suspension period expires or apply for ignition interlock device to reduce revocation period. (5) License plate impoundment or installation of ignition interlock device. American LegalNet, Inc. www.FormsWorkFlow.com 6. AOC-495 Rev. 6-10 Page 2 of 2 (c) Third Offense Within 5 Years: (1) Penalties-$500to$1000fineand30daysto12monthsjail,andcourtmayorder10daysto12months community labor. Must serve minimum of jail and/or community labor. If aggravating circumstance present, mandatory minimum term of imprisonment shall be 60 days. (2) Costs and Fees - Court Costs, DUI Service Fee, Treatment Program Fee, County Fees, State Fees. (3) Alcohol or Substance Abuse Treatment Program - 1 year. (4) License Revoked - 24 to 36 months. May apply for hardship license after minimum suspension period expires or apply for ignition interlock device to reduce suspension period. (5) License plate impoundment or installation of ignition interlock device. Fourth or Subsequent Offense Within 5 Years: (1) Penalties - 1 to 5 years (Class D Felony). Must serve 120 days. If aggravating circumstance present, mandatory minimum term of imprisonment shall be 240 days. (2) Costs and Fees - Court Costs, DUI Service Fee, Treatment Program Fee, County Fees, State Fees. (3) Alcohol or Substance Abuse Treatment Program - 1 year. (4) License Revoked - 5 years. No hardship license. May apply for ignition interlock device to reduce suspension period. (5) License plate impoundment or installation of ignition interlock device. (e) Aggravating Circumstances referred to above are: (1) Operating motor vehicle (MV) in excess of 30 miles perhourabovethespeedlimit;(2)OperatingMVinwrongdirectiononlimitedaccesshighway;(3)Operating MVthatcausesaccidentresultingindeathorseriousphysicalinjury;(4)OperatingMVwhilealcohol concentration in operator's blood or breath is 0.15 or more as measured by test(s) of a sample of the operator's bloodorbreathtakenwithin2hoursofcessationofoperationofMV;(5)Refusingtosubmittoanytest(s) [blood,breath,orurine]requestedbyofficerhavingreasonablegroundstobelievepersonwasoperatingorin physicalcontrolofaMVinviolationofKRS189A.010(1);and(6)OperatingMVthatistransportingapassenger under 12 years of age. (d) 7.Iunderstandthatif the Court rejects the plea agreement, it must so inform me and allow me to either persist in my guilty plea, in which case I may receive a less favorable disposition of my case than is contemplated in the plea agreement, or withdraw my guilty plea and proceed to trial. 8.In return for my guilty plea, the Commonwealth has agreed to recommend to the Court the following original/amended charge(s) and sentence(s):______________________________________________________________
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