Fresno DUI Attorney | Fresno DUI Lawyer
Jonathan Rooker provides the following example of the rights a person may give up, sentence they may receive, and possible penalties imposed by the court when a person enters a plea of guilty or no contest to DUI.
Misdemeanor DUI in Fresno County:
I understand the nature of the charges against me and I request to withdraw my plea(s) of not guilty and now plead ( ) Guilty ( ) No Contest to the following violation(s) of law (lest counts, code sections, priors, and any conditions of the pleas): Vehicle Code ( ) 23152(a) ( ) 23152(b) ( ) 23153(a) ( ) 23153(b) ( ) 23103/23103.5.
(First, the terms of the agreement or plea are set forth. It may include plea, to what charges, and any agreement with the prosecution.)
Right to an Attorney:
I Understand I have the right to be represented by an attorney at all stages of the proceedings, and if I am unable to afford an attorney, the court will appoint one for me.
1. I have had enough time to discuss my case and all possible defenses with my attorney.
2. I give up my right to have an attorney represent me.
I understand I am presumed innocent and the state is required to prove me guilty beyond a reasonable doubt. I also understand that I have the following constitutional rights as to all matters charged against me:
1. The right to a speedy, public Jury or Court Trial.
2. The right to be confronted by witnesses against me; that is to see, hear and question all witnesses against me.
3. The right to not incriminate myself; that is, not to be compelled to testify against myself though I may testify if I choose to do so.
4. The right to Present Evidence at no cost to me and to have the court issue subpoenas to bring into court all witnesses and evidence favorable to me.
CONSEQUENCES OF PLEA OF GUILTY OR NO CONTESTS: I understand:
1. If I am presently on parole, post release community supervision, mandatory supervised release, or probation, my change of plea could be a reason for finding me in violation of my parole, post release community supervision, mandatory supervised release, or probation.
2. If I am not a citizen, my change of pleas can result in my deportation, exclusion from admission to the United States, and/or a denial of naturalization. Deportation may be mandatory for this offense. I have fully discussed this matter with my attorney and understand the serious immigration consequences of my plea.
3. The Maximum Sentence I can receive as a result of my pleas is: (6 month on first offense, a year on a misdemeanor subsequent offense.)
4. Other possible consequences of this plea will include a restitution fine of $100 to $1,000, and may include (e.g. registration)?
5. The facts on which I base my plea are:
6. I am entering my plea freely and voluntarily, without fear or threat to me or anyone closely related to me.
7. The matter of probation and sentence is to be determined solely by the court.
8. I understand that I have the right to wait a minimum of six hours, and up to five days, to be sentenced. I give up this right and agree to be sentenced at this time.
9. First Offense Only: I understand that if I have a Vehicle Code section 23152 or 23153 conviction that occurred more than 10 years before the current offense, or any Penal Code section 647(f) conviction, I will be ordered to complete an alcohol/;drug assessment. If its assessment recommends additional treatment, the Court may order that I enroll in, participate in and complete an 18 month treatment program.
10. I understand that I may be required to provide a buccall swab samples and any blood specimens or both biological samples for law enforcement identification analysis as required by Penal Code section 296.
COURT ADVISORY- POTENTIAL MURDER LIABILITY
You are hereby advised that being under the influence of alcohol or drugs, or both , impairs your ability safely operate a motor vehicle. Therefore, it is extremely dangerous to human to drive while under the influence of alcohol or drugs, or both. If you continue to drive while under the influence of alcohol or drugs, or both, and, as a result of that driving, someone is killed, you can be charged with murder.
I understand the court's warning that I can be charged with murder if I kill someone while driving under the influence of alcohol or drugs, or both.
WAIVER OF PRESENCE/JUDGE
I hereby waive my right to be present and I authorized my attorney to enter the plea on my behalf. I agree to be sentenced at the time the plea is entered. I authorize my attorney to accept the court's orders and conditions on my behalf, if any, imposed on me.
I understand that I have the right to enter my plea before and be sentenced by a judge. I give up these rights and agree to enter my plea and be sentenced by a temporary judge.
CONSEQUENCES OF A PLEA OF GUILTY OR NO CONTEST
First or second offense vehicle code 2313 within 10 years (Vehicle Code Sections 13352, 23554, 23560)
I understand that the following is the minimum and maximum sentence I can receive for the offense stated above; 90 days up to one year in jail, $390 to $5,000 fine, and a 1 year or 3 year license suspension. If granted probation it could be up to five years.
FIRST OFFENSE VEHICLE CODE SECTION 23152 within 10 years (vehicle Code section 13352, 23536, 23538)
I understand that the following is the minimum and maximum sentence I can receive for the offense stated above: 96 hours to 6 months in jail, $390 to $1,000 fine, and a 2 year driver's license suspension. If granted probation it could be up to 5 years.
SECOND OFFENSE VEHICLE CODE section 23152 within 10 years (Vehicle Code Section 13352, 23540, 23542)
I understand that the following is the minimum and maximum sentence I can receive for the offense stated above: 90 days to 1 year in jail, $390 to $1,00 fine, and a 3-year driver's license revocation. If granted probation it could be up to 5 years.
RECKLESS DRIVING (Reduced from driving under the influence) (Vehicle Code Section 23103.5)
I understand that the following is the minimum and maximum sentence I can receive for the offense stated above: 5 days to 90 days in jail, or $145 to $1,000 fine, or both. If alcohol or drugs are involved, this conviction will act as a separate DUI conviction if I commit a subsequent DUI offense within 10 years. If granted probation it could be up to 5 years.
DEFENDANT'S DECLARATION UNDER PENALTY OF PERJURY
I declare under PENALTY OF PERJURY, under the laws of the State of California, that I have read, understood, and initialed each item above, and everything on this form is true and correct.