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Statement of Defendant on Plea of Guilty Page 1 of 5 Revised April 2014 IN THE MUNICIPAL COURT OF EVERETT SNOHOMISH COUNTY, WASHINGTON CITY OF EVERETT, NO. Plaintiff, STATEMENT OF DEFENDANT ON PLEA OF GUILTY vs. Defendant. 1. My true name is: 2. My age is: 3. I went through the grade. 4. I HAVE BEEN INFORMED AND FULLY UNDERSTAND THAT: I have the right to representation by a lawyer and that if I cannot afford to pay for a lawyer, one will be provided at no expense to me. I wish to waive my right to an attorney at this time My attorney is: I am charged with: Reckless Driving. The elements are: Did, in the City of Everett, drive a vehicle in willful or wanton disregard for the safety of persons or property. The maximum possible sentence is: 364 days jail/$5000 fine. There is not a minimum sentence. The Court will impose costs as part of my sentence, which will be in addition to the fine. 5. I UNDERSTAND I HAVE THE FOLLOWING IMPORTANT RIGHTS, AND I GIVE THEM ALL UP BY PLEADING GUILTY: The right to a speedy and public trial by an impartial jury in the county where the crime is alleged to have been committed; The right to remain silent before and during trial, and the right to refuse to testify against myself; The right at trial to hear and question the witnesses who testify against me; The right at trial to testify and to have witnesses testify for me. These witnesses can be made to appear at no expense to me; I am presumed innocent unless the charge is proven beyond a reasonable doubt or I enter a plea of guilty; The right to appeal a finding of guilt after a trial. ---PAGE BREAK--- Statement of Defendant on Plea of Guilty Page 2 of 5 Revised April 2014 6. IN CONSIDERING THE CONSEQUENCES OF MY GUILTY PLEA, I UNDERSTAND THAT: The prosecuting attorney will make the following recommendation to the judge: 364 days jail with days suspended for two years, fine. Alc/Drug Eval & comply Mental Health Evaluation DV Treatment DV Victim Panel No Vic Contact Possess no Firearms Forfeit Weapon Anger Mgmt Theft Awareness Class DVS Victim as Df Course SOAP/SODA Order Do Not Return Exclusion Order DUI Victim Panel Ignition Interlock No BAC refusal No driving w/ .02 or > No driving w/o lic & ins No major moving violations Reserve Restitution Served Consecutive to: Served Concurrent with: Credit/Time Served No animal control violations No further similar violations No further criminal law violations Other: The judge does not have to follow anyone’s recommendation as to sentence. The judge can give me any sentence up to the maximum authorized by law no matter what the prosecuting authority or anyone else recommends The judge may place me on probation for up to five years if I am sentenced for a domestic violence offense or under RCW 46.61.5055, or up to two years for all other offenses and impose conditions of probation. If the court orders me to appear at a hearing regarding my compliance with probation and I fail to attend the hearing, the term of probation will be tolled until I appear before the court on the record. The judge may require me to pay costs, fees and assessments authorized by law. The judge may also order me to make restitution to any victims who lost money or property as a result of crimes I committed. The maximum amount of restitution is double the amount of the loss of all victims or double the amount of my gain. If I am not a citizen of the United States, a plea of guilty to an offense punishable as a crime under state law is grounds for deportation, exclusion from admission to the United States, or denial of naturalization pursuant to the laws of the United States. NOTIFICATION RELATING TO SPECIFIC CRIMES: This plea will result in suspension or revocation of my driving license or privilege by the Department of Licensing for a period of 30 days upon a 1st or 2nd conviction within 2 years (365 suspension for 3rd and subsequent conviction within 2 years). This period may not include suspension or revocation based on other matters. 7. I plead guilty to Reckless Driving, as charged in the complaints(s) or citations(s) and notice or as amended. I have received a copy of that complaint or citation and notice. 8. I make this plea freely and voluntarily. 9. No one has threatened harm of any kind to me or to any other person to cause me to make this plea. 10. No person has made promises of any kind to cause me to enter this plea except as set forth in this statement. ---PAGE BREAK--- Statement of Defendant on Plea of Guilty Page 3 of 5 Revised April 2014 11. Statement of Facts: The judge has asked me to state in my own words what I did that makes me guilty of the crime(s). This is my statement (state the specific facts that support each element of the crime(s)): [ ] I committed this crime against a family or household member as defined in RCW 10.99.020. [ ] Instead of making a statement, I agree that the court may review the police reports and/or a statement of probable cause supplied by the prosecution to establish a factual basis for the plea. 12. My lawyer has explained to me, and we have fully discussed, all of the above paragraphs. I understand them all. I have been given a copy of this “Statement of Defendant on Plea of Guilty.” I have no further questions to ask the judge. Defendant I have read and discussed this statement with the defendant and believe that the defendant is competent and fully understands the statement. Prosecuting Attorney WSBA No. Defendant's Lawyer WSBA No. Print Name Print Name The foregoing statement was signed by the defendant in open court in the presence of the defendant's lawyer and the undersigned judge. The defendant asserted that [check appropriate box]: The defendant had previously read the entire statement above and that the defendant understood it in full; The defendant's lawyer had previously read to him or her the entire statement above and that the defendant understood it in full; or An interpreter had previously read to the defendant the entire statement above and that the defendant understood it in full. The Interpreter’s Declaration is attached. I find the defendant's plea of guilty to be knowingly, intelligently and voluntarily made. Defendant understands the charges and the consequences of the plea. There is a factual basis for the plea. The defendant is guilty as charged. Dated: Judge o Interpreter’s Declaration Attached Court – Reckless Driving/Negligent Driving – 1st Degree Sentencing Grid ---PAGE BREAK--- Statement of Defendant on Plea of Guilty Page 4 of 5 Revised April 2014 (RCW 46.61.500, RCW 46.61.5249, RCW 46.20.720 as amended through June 7, 2018) Reckless Driving Conviction Qualifications Reckless Driving (RCW 46.61.500(3)(a) Original charge: Violation of DUI (RCW 46.61.502) or Phys. Control (RCW 46.61.504) or equivalent local ordinance. One or More Prior Offenses within 7 years as defined above. Reckless Driving (RCW 46.61.500(3)(b) Original charge: Violation of Veh. Homicide (RCW 46.61.520) or Veh. Assault (RCW 46.61.522) committed while under the influence of intoxicating liquor or any drug. Consequences II Device 6 Months. Restriction remains in effect, until IID vendor certifies to DOL that none of the following incidents occurred within four months before date of release: any attempt to start the vehicle with a BAC of .04 or more unless another test performed within 10 minutes registers a breath alcohol concentration lower than 0.04 and the digital image confirms the same person provided both samples; failure to take any random test unless a review of the digital image confirms that the vehicle was not occupied by the driver at the time of the missed test; failure to pass any random retest with a breath alcohol concentration of 0.025 or lower unless another test performed within 10 minutes registers a breath alcohol concentration lower than 0.025, and the digital image confirms the same person provided both samples; failure of the person to appear at the IID vendor when required. For incidents occurring on or after June 9, 2016, the restriction is tolled for any period in which the person does not have an IID installed on a vehicle owned or operated by the person. DOL will give day-for-day credit as allowed by law. Costs associated with the use of the ignition interlock device, and $20 fee per month. Maximum Jail Time 364 days if convicted of reckless driving. Maximum Fine $5,000 if convicted of reckless driving. EHM As ordered. ---PAGE BREAK--- Statement of Defendant on Plea of Guilty Page 5 of 5 Revised April 2014 Driver’s License 30-day suspension. DOL will give day-for-day credit as allowed by law. II Driver's License As imposed by DOL. May apply for II dr iver’s license if original charge was violation of DUI (RCW 46.61.502) or Phys. Control (RCW 46.61.504) or equivalent local ordinance. If the Defendant is eligible to apply, but does not have a Washington driver’s license, the defendant may apply for an II license. DOL may require the defendant to take a licensing examination and apply and qualify for a temporary restricted driver’s license. During any period of suspension, revocation or denial, a person who has obtained an II driver’ license under RCW 46.20.385 may continue to drive without getting a separate temporary restricted driver’s license. Alcohol/Drug Ed./Victim Impact or Treatment As ordered. 24/7 Sobriety Program As ordered by the court, if use of alcohol or drugs was a contributing factor in the commission of the crime.