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Advisement Of Rights Waiver And Plea Form (Vehicle Code 14601-12500(a)) PRU-106 - California
| Advisement Of Rights Waiver And Plea Form (Vehicle Code 14601-12500(a)) Form. This is a California form and can be used in Inyo Local County . |
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SUPERIOR COURT OF CALIFORNIA COUNTY: Reserved for Clerk's File Stamp COUNY OF INYO PLAINTIFF: PEOPLE OF THE STATE OF CALIFORNIA DEFENDANT: ADVISEMENT OF RIGHTS, WAIVER, AND PLEA FORM (Vehicle Code § 14601 et seq.; Vehicle Code § 12500(a)) CASE NUMBER: DEPARTMENT: INSTRUCTIONS 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 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. 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, and that it is almost always unwise to represent myself. . . . . . . . . . . . . . . . . . . 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): 2. Check if applicable 14601 or 14601.1 or 14601.2 or 14601.5 .... 2. INITIALS 1. Driving in knowing violation of a driver's license restriction, suspension or revocation. . 3. Check if applicable 14601.3 (Habitual traffic offender) - Accumulating a driving record history in knowing violation of a driver's license suspension or revocation. . . . . . . . . . . . . . 4. Check if applicable 12500(a) Driving without a valid driver's license. ......... 5. If applicable - I understand that I am also charged with the following other offense(s): TYPE OF OFFENSE(S) AND SECTION NUMBER(S) 3. 4. 5. 6. If applicable - I am also charged with the following prior conviction(s): LIST OFFENSE(S), CASE NUMBER(S) AND DATE(S) 6. 7. If applicable - I am also charged with violating the probation order(s) in the following case(s): CASE NUMBER(S) AND DATE(S) 7. 8. 8. I understand the charge(s) against me, and the possible pleas and defenses. . . . . . . . . CONSTITUTIONAL 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. . . . . . . . . . . . . . . . . . . . 76A298D 9. PRU-106 (Rev. 1-2001) Continued on reverse Page 1 of 4 5 American LegalNet, Inc. www.USCourtForms.com CONSTITUTIONAL RIGHTS (Continued) 10. RIGHT TO CONFRONT WITNESSES - I understand that I have the right to confront and crossexamine all witnesses testifying against me. . . . . . . . . . . . . . . . . . . . . 11. RIGHT AGAINST SELF-INCRIMINATION - I understand that I have the right to remain silent and not incriminate myself, and the right to testify on my own behalf. I understand that by pleading guilty or no contest, or admitting prior conviction(s) or probation violation(s), I am incriminating myself. . 12. 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. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . RIGHTS ON CHARGES OF PRIOR CONVICTION(S) AND PROBATION VIOLATION(S) 13. If applicable - I understand that I have the right to an attorney, the right to a jury trial, the right to confront witnesses, the right against self-incrimination, and the right to produce evidence and witnesses for all of the charges against me, including any alleged prior 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 do have the right to a hearing before a judge. . . . . . . . . . . . . . . . . WAIVER OF RIGHTS Understanding all the above, for all of the charges against me, including any alleged prior conviction(s) or probation violation(s): 14. I give up my right to an attorney, and I choose to represent myself. (Does not apply if I have an attorney.) 15. I give up my right to a jury trial. . . . . . . . . . . . . . . . . . . . . . . . . . . 16. I give up my right to confront and cross-examine witnesses. . . . . . . . . . . . . . . . 17. I give up my right to remain silent and to not incriminate myself. . . . . . . . . . . . . . 18. I give up my right to produce evidence and witnesses on my own behalf. . . . . . . . . . . INITIALS 10. 11. 12. 13. 14. 15. 16. 17. 18. SENTENCES FOR DRIVING IN VIOLATION OF A LICENSE SUSPENSION, REVOCATION, OR RESTRICTION Vehicle Code Section 14601 14601.1 14601.2 First Offense 5 days to 6 months in jail, and a fine of $300 to $1,000. Up to 6 months in jail, or a fine of $300 to $1,000, or both. 10 days to 6 months in jail, and a fine of $300 to $1,000. 10 days in jail required if probation is imposed. If I have been designated as an habitual traffic offender within 3 years of this conviction, I will, in addition, be sentenced to serve 180 days in jail and to pay a $2,000 fine. Second or Subsequent Offense: I have prior conviction(s) in past 5 years of sections 14601, 14601.1, 14601.2, or 14601.5. 10 days to 1 year in jail, and a fine of $500 to $2,000. 10 days in jail required if probation is imposed. 5 days to 1 year in jail, and a fine of $500 to $2,000. 30 days to 1 year in jail, and a fine of $500 to $2,000. 30 days in jail required if probation is imposed. 14601.5 Vehicle Code Section 14601.3 Up to 6 months in jail, or a fine of $300 to $1,000, or both. First Offense 30 days in jail, and a fine of $1,000. 10 days to 1 year in jail, and a fine of $500 to $2,000. Note- section 14601.3 also constitutes a prior conviction for this offense. Second or Subsequent Offense: Prior conviction(s) in past 7 years of section 14601.3. 180 days in jail, and a fine of $2,000. ADDITIONAL PENALTIES (Ignition Interlock Device) 19. I understand that if I am convicted of a violation of section 14601.2, or if the original charge was for a violation of that section but I am pleading to section 14601, 14601.1 or 14601.5, the Court will require me to install an ignition interlock device (IID) on any vehicle that I own or operate for a period of up to three years. Installation of this device, which prevents the vehicle from starting if I have alcohol in my body
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