DUI Plea Form

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.

Constitutional Rights:

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.

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Fresno DUI Attorney | Madera DUI Attorney If you've been cited, you need to know what to do next. Help your attorney help you, contact me as soon as possible

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Fresno DUI Lawyer Jonathan Rooker: Fresno area law enforcement agencies have some of the strictest DUI enforcement policies in the Nation. The first decision an officer makes during the DUI enforcement is the decision to stop the vehicle. It may be a driving pattern, maintenance infraction, tinted windows, or other issues the lead the officer to make that decision. The next decision is whether to have the driver exit the vehicle and conduct a DUI investigation. Factors include odor or alcohol, red watery eyes, and slurred speech. Timely stopping, parking, and fumbling with a license or insurance paperwork, all influence the officers decision to continue the investigation. Once outside the vehicle the subject may sway or have trouble following directions. At the conclusion of the third stage, the officer decides if there is probable cause for an arrest. If you are arrested, there are steps you should take on your own behalf. It is important for anyone cited for DUI to contact the DMV within 10 days to preserve their right to an Admin Per Se Hearing in front of a DMV officer. Failure to contact the DMV within 10 days may result in the suspension of your driving privilege. Remember, the officer arrests at probable cause, but it takes proof beyond a reasonable doubt to convict. If the officer does their job right, a large percentage of the people should be found not guilty.

Fresno Criminal Defense Attorney: Sometimes good people need help during tough times

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Fresno & Madera Criminal Defense Lawyer Jonathan Rooker: Domestic Violence (DV) charges, punishments, and your rights is something you need to understand if you've been accused. DV charges can result in a sentence of probation, jail, and/or prison. DV can be charged under various sections including PC 243(E) or the more serious PC 273.5 Felony (DV) accusation. Many convictions result in being sentenced to a 52-week program, referred to as the Batterers Treatment Program (BTP). The right to own, possess, or use a Firearms, a serious issue for many people who grew up in the rural valley hunting, fishing, and target shooting can be lost forever. While Judges routinely advise those convicted of misdemeanor Domestic Violence that they will be prohibited from owning firearms for 10-years, the Federal Government will preclude gun ownership for the remainder of the persons life if they are convicted of a misdemeanor crime of domestic violence. It is important that the court knows you are a law abiding, upstanding, and productive member of society. Don't let an accusation turn into a lifetime of being stigmatized as a criminal.

"Criminal defense is about helping good people, that is what I do." Jonathan Rooker

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Experienced Fresno and Madera County Criminal Defense Attorney Jonathan Rooker understands the needs of each client are quite unique to each individual client. Some clients are looking to keep their drivers license, others are looking to avoid long periods of incarceration. Many times pride and principles are cited for the client's motivation to achieve a particular resolution to their case. Many clients just want to put their life, family, and career back together. It is the responsibility of the defense attorney to coordinate and effective defense for the benefit of the client. It is essential that I provide the best defense for the individual person and their specifically tailored needs in life. I will help you by building the best defense that the facts allow. One important aspect of hiring a private attorney is the time they spend listening to your needs, and working to obtain an effective resolution under the circumstances. When these problems arise, it's time to reach out for a helping hand. I handle criminal defense cases on a daily basis, helping people with their issues. Let me help you.