Misdemeanor Plea Attachment-VC 23103-23103.5 {ALA CR-002C}

SUPERIOR COURT OF THE STATE OF CALIFORNIA, COUNTY OF ALAMEDA MISDEMEANOR PLEA ATTACHMENT: VC 23103 / 23103.5 PEOPLE v. CASE NO.: INSTRUCTIONS: Read this form if you are pleading guilty or no contest to a charge of reckless driving, reduced from charges of driving under the influence. Sign the form only if you fully understand it. If you have any questions about this form, ask your lawyer or the judge. Submit this form with the Misdemeanor Advisement of Rights, Waiver and Plea form. BASIC CONSEQUENCES FOR CONVICTION OF VEHICLE CODE SECTION 23103 / 23103.5 Offense Sentence With No Probation Sentence With Up to 3 Years Probation VC 23103 as Jail: 5 to 90 days and/or a fine Jail: up to 90 days and/or a fine of $145 to of $145 to $1,000 plus penalty $1,000 plus penalty assessments. lesser Probation revocation fine suspended. assessments. offense to any DUI Serves as prior DUI conviction Attendance at alcohol/drug program required charge unless good cause shown. for 10 years. Serves as prior DUI conviction for 10 years. BASIC CONSEQUENCES FOR CONVICTION OF VEHICLE CODE SECTION 23152 (a) and (b) Sentence With No Probation Sentence With 3 to 5 Years Probation Jail: Either 96 hours (in minimum 48-hour Jail: 90 days to 12 months. Fine: $390 to $1,000 plus blocks) or 10 days, to 12 months jail. penalty assessments. Fine: $390 to $1,000 plus penalty assessments. DMV suspends license 24 Probation revocation fine ($100 to $1,000) months; surrender license to suspended. Mandatory completion of alcohol/drug program court. for minimum 18 to 30 months. DMV suspends license 24 months; surrender license to court. BASIC CONSEQUENCES FOR CONVICTION OF VEHICLE CODE SECTION 23152 (a) and (b) Sentence With No Probation Sentence With 3 to 5 Years Probation Option A: Same jail term and fine as no Jail (120 days to 12 months). Fine: $390 to $1,000 plus probation, plus Probation revocation fine ($100 to $1,000) suspended. penalty assessments. DMV revokes license 36 months; surrender license to Option B: Jail: 30 days to 12 months. Fine: $390 to $1,000 plus penalty assessments. court. Probation revocation fine ($100 to $1,000) suspended. Mandatory completion of alcohol/drug program for minimum 18 to 30 months. DMV revokes license 36 months; surrender license to court. Offense Second DUI offense within 10 years Offense Third DUI offense within 10 years Form Adopted For Mandatory Use Superior Court of California County of Alameda ALA CR­002C [New January 1, 2011] MISDEMEANOR PLEA ATTACHMENT: VC 23103 / 23103.5 Page 1 of 2 American LegalNet, Inc. www.FormsWorkFlow.com MISDEMEANOR PLEA ADDENDUM: VC 23103 / 23103.5 PROSECUTING ATTORNEY'S STATEMENT ON REDUCTION OF CHARGES The following facts show that the consumption of an alcoholic beverage and/or ingestion or administration of drugs was involved in the offense(s) charged in this case: The reason(s) for the reduction of the charges involved in this case are as follows: Problems of Proof Another Offense is More Properly Charged Interest of Justice The facts which lead to this conclusion are these: Date: (SIGNATURE OF PROSECUTING ATTORNEY) 1. DMV Actions Separate: I understand that the DMV may restrict, suspend, or revoke my license, require completion of a drinking driver program and the installation of an ignition interlock device as a result of my arrest or conviction, even if the court does not require it. I understand that these actions are additional to and separate from actions taken by the court. I understand that, if suspended or revoked, my driving privilege will not be restored unless I have provided proof satisfactory to the DMV that I have successfully completed the required drinking driver program and proof of financial responsibility. 2. DUI Danger: I understand that being under the influence of alcohol or drugs or both impairs my ability to safely operate a motor vehicle. Therefore, it is extremely dangerous to human life to drive while under the influence of alcohol or drugs, or both. If I continue to drive while under the influence of alcohol or drugs, or both, and, as a result of that driving, someone is killed, I can be charged with murder. (VC 23593) 3. If I Was Under 21: I understand that if I was under 21 at the time of my arrest, the DMV will suspend my license (or delay its issuance) for 1 year, and I must surrender my license to the court. (VC 13202.5) I have read and I understand all of the information on these two pages. Date: (SIGNATURE OF DEFENDANT) Form Adopted For Mandatory Use Superior Court of California County of Alameda ALA CR­002C [New January 1, 2011] MISDEMEANOR PLEA ATTACHMENT: VC 23103 / 23103.5 Page 2 of 2 American LegalNet, Inc. www.FormsWorkFlow.com