Form ALA CR-002C "Misdemeanor Plea Attachment: Vc 23103/23103.5" - County of Alameda, California

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Form Details:

  • Released on January 1, 2011;
  • The latest edition provided by the Superior Court - County of Alameda, California;
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Download Form ALA CR-002C "Misdemeanor Plea Attachment: Vc 23103/23103.5" - County of Alameda, California

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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
lesser
of $145 to $1,000 plus penalty
$1,000 plus penalty assessments.
offense to
assessments.
Probation revocation fine suspended.
any DUI
Serves as prior DUI conviction
Attendance at alcohol/drug program required
charge
for 10 years.
unless good cause shown.
Serves as prior DUI conviction for 10 years.
BASIC CONSEQUENCES FOR CONVICTION OF
VEHICLE CODE SECTION 23152 (a) and (b)
Offense
Sentence With No Probation
Sentence With 3 to 5 Years Probation
Second DUI
Jail: 90 days to 12 months.
Jail: Either 96 hours (in minimum 48-hour
offense
Fine:
$390 to
$1,000
plus
blocks) or 10 days, to 12 months jail.
within 10
penalty assessments.
Fine: $390 to $1,000 plus penalty assessments.
years
DMV
suspends
license
24
Probation revocation fine ($100 to $1,000)
months; surrender license to
suspended.
court.
Mandatory completion of alcohol/drug program
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)
Offense
Sentence With No Probation
Sentence With 3 to 5 Years Probation
Third DUI
Jail (120 days to 12 months).
Option A: Same jail term and fine as no
offense
Fine:
$390 to
$1,000
plus
probation, plus Probation revocation fine ($100
within 10
penalty assessments.
to $1,000) suspended.
years
DMV
revokes
license
36
months; surrender license to
Option B: Jail: 30 days to 12 months.
court.
Fine: $390 to $1,000 plus penalty assessments.
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.
Form Adopted For Mandatory Use
MISDEMEANOR PLEA ATTACHMENT: VC 23103 / 23103.5
Superior Court of California
Page 1 of 2
County of Alameda
ALA CR–002C [New January 1, 2011]
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
lesser
of $145 to $1,000 plus penalty
$1,000 plus penalty assessments.
offense to
assessments.
Probation revocation fine suspended.
any DUI
Serves as prior DUI conviction
Attendance at alcohol/drug program required
charge
for 10 years.
unless good cause shown.
Serves as prior DUI conviction for 10 years.
BASIC CONSEQUENCES FOR CONVICTION OF
VEHICLE CODE SECTION 23152 (a) and (b)
Offense
Sentence With No Probation
Sentence With 3 to 5 Years Probation
Second DUI
Jail: 90 days to 12 months.
Jail: Either 96 hours (in minimum 48-hour
offense
Fine:
$390 to
$1,000
plus
blocks) or 10 days, to 12 months jail.
within 10
penalty assessments.
Fine: $390 to $1,000 plus penalty assessments.
years
DMV
suspends
license
24
Probation revocation fine ($100 to $1,000)
months; surrender license to
suspended.
court.
Mandatory completion of alcohol/drug program
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)
Offense
Sentence With No Probation
Sentence With 3 to 5 Years Probation
Third DUI
Jail (120 days to 12 months).
Option A: Same jail term and fine as no
offense
Fine:
$390 to
$1,000
plus
probation, plus Probation revocation fine ($100
within 10
penalty assessments.
to $1,000) suspended.
years
DMV
revokes
license
36
months; surrender license to
Option B: Jail: 30 days to 12 months.
court.
Fine: $390 to $1,000 plus penalty assessments.
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.
Form Adopted For Mandatory Use
MISDEMEANOR PLEA ATTACHMENT: VC 23103 / 23103.5
Superior Court of California
Page 1 of 2
County of Alameda
ALA CR–002C [New January 1, 2011]
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
MISDEMEANOR PLEA ATTACHMENT: VC 23103 / 23103.5
Superior Court of California
Page 2 of 2
County of Alameda
ALA CR–002C [New January 1, 2011]
Page of 2