Misdemeanor Advisement Of Rights Waiver Of Plea Form {TUO-CR-200}

MISDEMEANOR ADVISEMENT OF RIGHTS, WAIVER AND PLEA FORM Form Adopted for Mandatory Use - Local Rules of the Superior Court of California Page 1 of 4 TUO-CR-200 (Revised ) TUO-CR-200 1)I hereby freely and voluntarily plead guilty or no contest to:. 2)I understand that a plea of no contest (nolo Contendere) will have exactly the same effect in thiscase as a plea of guilty, but it cannot be used against me in a civil lawsuit. 3)I understand that if I am not a citizen, a plea of guilty or no contest can and will result in mydeportation, exclusion from admission to this country or denial of naturalization. I also understandthat if I am a foreign national, I have the right to have my consular representative contacted and Ihereby waive that right. 4)I have been advised of, understand and knowingly and intelligently waive each of the followingconstitutional rights:a)To an attorney to represent me at all stages of the proceeding. If I cannot afford to hirean attorney, the court will appoint one to represent me. b)To have a speedy and public trial by court or by jury. At the trial I am presumed to beinnocent and the prosecution has the burden of proving me guilty beyond reasonabledoubt. c)To confront and cross-examine all witnesses testifying against me. d)To present evidence and to have the Court issue subpoenas to bring into court witnessesor evidence favorable to me, at no cost. e)To testify on my own behalf if I choose, or to remain silent and not incriminate myself. Bypleading guilty or no contest I am incriminating myself. 5)I understand the charge(s) against me, the elements thereof, and the possible pleas anddefenses. 6)I understand the minimum and maximum penalties for the offense(s) I am charged with. 7)I understand that this conviction could be used against me in the future as a prior convictionthat could increase any penalties for future convictions, or could be used to violate myprobation or parole which has been granted in another case. SUPERIOR COURT OF CALIFORNIA COUNTY OF TUOLUMNE 60 N. Washington Street Sonora, CA 95370 Phone: (209) 533-5563 The People of the State of California, Plaintiff, vs. Defendant. Case Number: MISDEMEANOR ADVISEMENT OF RIGHTS, WAIVER AND PLEA FORM Space below for use of Court Clerk only American LegalNet, Inc. www.FormsWorkFlow.com 8)No promises, or threats to me or anyone close to me, or inducements have been made inconnection with this plea except:. 9)If applicable: I understand that I have the right to enter my plea before, and be sentenced by,a Judge. I give up this right and agree to enter my plea before, and be sentenced by, aSuperior Court Commissioner. DEFENDANT222S STATEMENT I am aware of and understand each of the above items. I have initialed those items as proof thereof. I hereby freely and voluntarily waive my rights and enter a plea to the listed charge(s). Defendant222s signature: Dated: ATTORNEY222S STATEMENT I am the attorney of record for the defendant. I have reviewed the form and any addenda with my client. I have explained each of the defendant222s rights to the defendant, and answered all of the defendant222s questions with regard to this plea. I have also discussed the facts of the defendant222s case with the defendant, and explained the consequences of this plea, the elements of the offense(s), and the possible defenses. I concur in this plea, and in the defendant222s decision to waive his or her constitutional rights. Date: Signature of Defendant222s Attorney INTERPRETER222S STATEMENT Having been sworn or having a written oath on file, I certify that I truly translated this form and any addenda to the defendant in the language. The defendant stated that (s)he understood the contents of the form, and then (s)he initialed and signed the form in my presence. Date: Interpreter222s Signature Printed Name of Interpreter COURT222S FINDINGS AND ORDER The Court finds that the defendant has expressly, knowingly, voluntarily and intelligently waived his or her constitutional rights. The Court finds that the defendant222s plea(s) and admission(s) are freely and voluntarily made and that there is a factual basis for the plea(s). The Court accepts the defendant222s plea(s) and admission(s), if any, and orders this form and any applicable addendum filed and incorporated by reference. Date: JUDGE OF THE SUPERIOR COURT ADDENDUM TO ADVISEMENT, WAIVER AND PLEA FORM MISDEMEANOR ADVISEMENT OF RIGHTS, WAIVER AND PLEA FORM Form Adopted for Mandatory Use - Local Rules of the Superior Court of California Page 2 of 4 TUO-CR-200 (Revised ) American LegalNet, Inc. www.FormsWorkFlow.com MISDEMEANOR ADVISEMENT OF RIGHTS, WAIVER AND PLEA FORM Form Adopted for Mandatory Use - Local Rules of the Superior Court of California Page 3 of 4 TUO-CR-200 (Revised ) SENTENCES FOR DRIVING UNDER THE INFLUENCE OF ALCOHOL AND/OR DRUGS (23152) Offense Min./Max. When Probation Granted Min./Max. Without Probation First Offense in 10 years Fine of $1,485 to $3,620 (including penalty assessments) and attendance at a 3 month alcohol/drug program (or 9 month program if my blood alcohol was .20 or more, or if I refused a chemical test) plus either: (a)48 hrs to 6 months in jail and a 6 month driver222s license suspension; or (b)A 90-day driver222s license restriction for work and alcohol/drugprogram attendance only. However, if offense occurred invehicle requiring a Class A or B license, my license shall be suspended for 6 months. (V.C.247 23538) Fine of $1,485 to $3,620 (including penalty assessments); 96 hours to 6 months in jail, and a 6- month driver222s license suspension. (V.C.247 23536) Second Offense in 10 years Fine of $1,485 to $3,620 (including penalty assessments) plus either: (a)10 days to 1 year in jail and a 2 year license suspension; or (b)96 hrs to 1 year in jail (96 hrs to be served in 2 incrementsof 48 hrs each) and an 18 (or 30) month alcohol/drug program, and a restricted driver222s license for work and program attendance only. This option is not available to me if the offenseoccurred in a vehicle requiring a class A or B driver222s license. (V.C. 247 23542) Fine of $1,485 to $3,620 (including penalty assessments); 90 days to 1 year in jail, and a license suspension for the duration of the sentence. (V.C. 24723540) Third Offense in 10 years Fine of $1,485 to $3,620 (including penalty assessments) plus 120 days to 1 year in jail and a 3- year driver222s license revocation. If no previous completion of an alcohol/drug program, an 18 or 30 month program. (V.C. 247 23548) Fine of $1,485 to $3,620 (including penalty assessments); 120 days to 1 year in jail, and a three-year license revocation. (V.C. 24723546) Fourth Offense in 10 years Fine of $1,485 to $3,620 (including penalty assessments), 180 days to 1 year in jail, a 4-year driver222s license revocation. License may not be re-instated until successful completion of 18 or 30-month alcohol/drug program. (V.C. 24723552) Fine of $1,485 to $3,620 (including penalty assessments); 180 days to 1 year in jail and a 4-year driver222s license revocation. (V.C. 24723550) Or 16 months-2 years-3 years in State Prison Offense Minimum/Maximum Sentence (with or without probation) (V.C. 247247 23103 and 23103.5) Reckless Driving Fine of $639 to $3,620 and/or 5 to 90 days in jail. When Reduced from 24723152 Fine of $ 639 to $3,620 and/or 5 to 90 days in jail, plus enrollment in alcohol/drug program, and conviction to count as a DUI prior for a period of ten years SENTENCES FOR DRIVING WITH SUSPENDED, REVOKED OR RESTRICTED LICENSE OFFENSE FIRST OFFENSE (NO PRIOR WI THIN 5 YEARS) SECOND OR SUBSEQUENT OFFENSE 24714601 Fine of $1,170 to $3,620; jail for 5 days to 6 months. (Includes priors for 247247 14601.1, 14601.2 and 14601.5.) 24714601.1Fine of $1,170 to $3,620; and/or jail for up to 6 months. (Includes priors for 247 247 14601, 14601.2 and 14601.5.) Fine of $1,880 to $7,020 and jail for 5 days to 1 year. 24714601.2Fine of $1,170 to $3,620; jail for 10 days to 6 months. Ignition interlock device mandatory. (Includes priors for 24724714601, 14601.1 and 14601.5.) Fine of $1,880 to $7,020 and jail for 30 days to 1 year. Ignition interlock device mandatory. 24714601.3 Fine of $3,620 an