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Statement of Defendant on Plea of Guilty Page 1 of 8 Revised June 2018 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: Driving Under the Influence; Hit and Run Attended Vehicle. The elements are: Did, in the City of Everett, drive a motor vehicle and, while driving, had an amount of alcohol in the body sufficient to cause a measurement of breath or blood to be 0.08 percent or greater of alcohol per two hundred ten liters of breath within two hours of driving OR while under the influence or affected by intoxicating liquor or any drug OR while under the combined influence of or affected by intoxicating liquor and any drug; (2)Did, in the City of Everett, drive a vehicle involved in an accident resulting in damage to a vehicle which was driven or attended by another person, and, knowing had been in said accident, failed to immediately stop such vehicle at the scene of such accident or as close thereto as possible, return to, and in any event remain at, the scene of such accident until had given his/her name, address, insurance company, insurance policy number, and vehicle license number and exhibited vehicle driver’s license to any person struck or injured or the driver or any occupant of, or any person attending, any such vehicle collided with and rendered to any person injured in such accident reasonable assistance. ---PAGE BREAK--- Statement of Defendant on Plea of Guilty Page 2 of 8 Revised June 2018 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; The right to be 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. 6. IN CONSIDERING THE CONSEQUENCES OF MY GUILTY PLEA, I UNDERSTAND THAT: My right to appeal is limited The crimes with which I am charge each carry a maximum sentence of 364 days in jail and a $5000 fine. □ Checked box indicates Defendant agrees with the following prosecutor’s recommendation. The prosecuting attorney will make the following recommendation to the judge: Driving Under the Influence - 364 days jail with days suspended for five years, fine; Hit and Run Attended Vehicle – 364 days jail with suspended for 2 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: ---PAGE BREAK--- Statement of Defendant on Plea of Guilty Page 3 of 8 Revised June 2018 If this case involves driving while under the influence of alcohol and/or being in actual physical control of a vehicle while under the influence of alcohol or drugs. I have been informed and understand that I will be subject to the penalties in the “DUI” Attachment. Travel Restrictions: I will be required to contact my probation officer to request permission to travel or transfer to another state if I am placed on probation for one year or more and this crime involves: an offense in which a person has incurred direct or threatened physical or harm; (ii) an offense that involves the use or possession of a firearm; (iii) a second or subsequent misdemeanor offense of driving while impaired by drugs or alcohol; (iv) or a sexual offense that requires the offender to register as a sex offender in the sending state. I understand that I will be required to pay an application fee with my travel or transfer request. This plea of guilty is considered a conviction under RCW 46.25.010 and I will be disqualified from driving a commercial motor vehicle. RCW 46.25.090. I am required to notify the Department of Licensing and my employer of this guilty plea within 30 days after the judge signs this document. RCW 46.25.030. If this case involves a drug offense, my eligibility for state and federal education benefits will be affected. 20 U.S.C. § 1091(r). As this case involved driving while under the influence of alcohol and/or being in actual physical control of a vehicle while under the influence of alcohol and/or drugs, I have been informed and understand that I will be subject to: [ ] the penalties described in the “DUI” Attachment. OR [ ] these penalties: The mandatory minimum sentence of days in jail, days of electronic home monitoring and monetary penalty. The Court shall require me to apply for an ignition interlock driver’s license and to drive only with a functioning ignition interlock device or, if the Court waives those requirements, to submit to alcohol monitoring, for year(s). I may also be required to drive only motor vehicles equipped with an ignition interlock device as imposed by the Department of Licensing and/or the Court. My driving privilege will be suspended or revoked by the Department of Licensing for the period of time stated. In lieu of the minimum jail term, the judge may order me to days in electronic home monitoring. If I do not have a dwelling, telephone service, or any other necessity to operate electronic home monitoring, if I live out of state, or if the judge determines I would violate the terms of electronic home monitoring, the judge may waive electronic home monitoring and impose an alternative sentence which may include additional jail time, work crew or work camp. 7. I plead guilty to the crime(s) of Driving Under the Influence; Hit and Run Attended Vehicle, as charged in the complaint(s) or citation(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. 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)): ---PAGE BREAK--- Statement of Defendant on Plea of Guilty Page 4 of 8 Revised June 2018 o [No statement made.] 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. Judge o Interpreter’s Declaration Attached Case Name: Case No.: COURT DUI SENTENCING GRID (RCW 46.61.5055 AS AMENDED BY STATUTE EFFECTIVE JUNE 7, 2018) BAC RESULTS <.15 OR NO TEST RESULTS NO PRIOR OFFENSE1 ONE PRIOR OFFENSE1 TWO PRIOR OFFENSES1 Mandatory Minimum/ Maximum Jail Time2 24 Consecutive Hours/364 Days 30/364 Days 90/364 Days If Passenger Under 16 Mandatory Jail Additional 24 Hours Additional 5 Days Additional 10 Days ---PAGE BREAK--- Statement of Defendant on Plea of Guilty Page 5 of 8 Revised June 2018 EHM or Jail Alternative2 15 Days in Lieu of Jail 60 Days Mandatory 120 Days Mandatory/8 Days Jail Min. Alternative to Mandatory Jail + EHM N/A At least 4 Days Jail+180 Days EHM2 N/A Mandatory Minimum/ Maximum Fine3*** $990.50/$5,000 $1,245.50/$5,000 $2,095.50/$5,000 If Passenger Under 16 Minimum/Range4*** $1,000/$1,000-$5,000 + assessments $1,000/$2,000-$5,000 + assessments $1,000/$3,000- $10,000 + assessments Driver's License** 90-Day Suspension5 2-Year Revocation5 3-Year Revocation If Passenger Under 16 II Device Additional 6 Months Additional 6 Months Additional 6 Months 24/7 Sobriety Program2 If available If available If available Alcohol/Drug Ed./Victim Impact or Treatment As Ordered As Ordered As Ordered Expanded alcohol assessment/treatment N/A Mandatory/treatment if appropriate Mandatory/treatment if appropriate II Device DOL imposed in all cases. BAC Result ≥ .15 or Test Refusal No Prior Offense1 One Prior Offense1 Two Prior Offenses1 Mandatory Minimum/ Maximum Jail Time2 48 Consecutive Hours/364 Days 45/364 Days 120/364 Days If Passenger under 16 Mandatory Jail Additional 24 Hours Additional 5 Days Additional 10 Days EHM/ or Jail Alternative2 30 Days in Lieu of Jail 90 Days Mandatory 150 Days Mandatory/ 10 Days Jail Min. Alternative to Mandatory Jail + EHM N/A At least 6 Days Jail + 6 Months EHM2 N/A Mandatory Minimum/ Maximum Fine3*** $1,245.50/$5,000 $1,670.50/$5,000 $2,945.50/$5,000 If Passenger Under 16 Minimum/Range4*** $1,000/$1,000-$5,000 + assessments $1,000/$2,000-$5,000 + assessments $1,000/$3,000- $10,000 + assessments Driver's License** 1-Year Revocation5 2 Years if BAC refused 900-Days Revocation 3 Years if BAC refused 4-Year Revocation If Passenger Under 16 II Device Additional 6 Months Additional 6 Months Additional 6 Months 24/7 Sobriety Program2 If available If available If available Alcohol/Drug Ed./Victim Impact or Treatment As Ordered As Ordered As Ordered Expanded alcohol assessment/treatment N/A Mandatory/treatment if appropriate Mandatory/treatment if appropriate See Court and Department of Licensing (DOL) Ignition Interlock Requirements, page 5. Driver’s license minimum suspension/revocation. See note 5 for exceptions. DOL may impose more. Mandatory Minimum fines may be reduced, waived, or suspended if defendant is indigent, as provided by law. 1Prior Offenses: Count all prior offenses where the arrest date of the prior offense occurred within seven years before or after the arrest date on the current offense. RCW 46.61.5055(14)(b). “Prior offense” is defined by RCW 46.61.5055(14)(a) to include – Original Convictions for the following (including equivalent local ordinances): DUI (RCW 46.61.502); Phys. Cont. (RCW 46.61.504); Commercial Vehicle DUI/Phys. Control, RCW 46.25.110; Watercraft DUI, RCW 79A.60.040(2) ; Aircraft DUI, RCW 47.68.220, committed under the influence of intoxicating liquor or any drug; Nonhighway vehicle DUI, RCW 46.09.470(2); Snowmobile DUI, RCW 46.10.490(2); Veh. Homicide (RCW 46.61.520) or Veh. Assault (RCW ---PAGE BREAK--- Statement of Defendant on Plea of Guilty Page 6 of 8 Revised June 2018 46.61.522) if either committed while under the influence; Equiv. out-of-state statute for any of the above offenses. Deferred Prosecution Granted for the following: 1) DUI (RCW 46.61.502) (or equivalent local ordinance); Phys. Cont. (RCW 46.61.504) (or equiv. local ordinance); Neg. Driving 1st (RCW 46.61.5249, or equiv. local ord.), if the person was originally charged with DUI or Phys. Cont. (or an equiv. local ord.), or Veh. Hom. (RCW 46.61.520) or Veh. Assault (RCW 46.61.522). An equivalent out-of- state deferred prosecution for DUI or Phys. Contr., including a chemical dependency treatment program. If a deferred prosecution is revoked based on a subsequent conviction for an offense listed in RCW 46.61.5055(14)(a), the subsequent conviction shall not be treated as a prior offense of the revoked deferred prosecution for the purposes of sentencing. Amended Convictions for the following: If originally charged with DUI or Phys. Cont. or an equivalent local ordinance, or Veh. Hom. (RCW 46.61.520) or Veh. Assault (RCW 46.61.522); but convicted of Neg. Driving 1st (RCW 46.61.5249), Reckless Driving (RCW 46.61.500), Reckless Endangerment (RCW 9A.36.050), Equiv. out-of-state or local ordinance for the above offenses. If originally charged with Veh. Hom. (RCW 46.61.520) or Veh. Assault (RCW 46.61.522) committed while under the influence of intoxicating liquor or any drug; but convicted of Veh.Hom. or Veh. Assault committed in a reckless manner or with the disregard for the safety of others. If originally charged with Watercraft DUI (RCW 79A.60.040(2); but convicted of Operating a Watercraft in a reckless manner, RCW 79A.60.040(1), or an equivalent local ordinance. If originally charged with Aircraft DUI (RCW 47.68.220); but convicted of Operating an Aircraft in a careless or reckless manner, RCW 47.68.220, or an equivalent local ordinance. Deferred Sentences for the following: If originally charged with DUI or Phys. Cont. or an equivalent local ordinance, or Veh. Hom. (RCW 46.61.520) or Veh. Assault (RCW 46.61.522); but deferred sentence was imposed for Neg. Driving 1st (RCW 46.61.5249), Reckless Driving (RCW 46.61.500), Reckless Endangerment (RCW 9A.36.050), Equiv. out-of-state or local ordinance for the above offenses. 2Mandatory Jail, Electronic Home Monitoring (EHM), and 24/7 Sobriety Program: No prior offenses: Where there are no prior offenses with an arrest date within seven years before or after the arrest date of the current offense, the mandatory imprisonment may not be suspended unless the court finds that imposition of this mandatory minimum sentence would impose a substantial risk to the offender’s physical or mental well-being. The court may grant EHM instead of mandatory minimum jail. Instead of jail time or EHM in lieu of jail time, and when the alcohol concentration is less than 0.15, the court may order a 90-day period of 24/7 sobriety program monitoring or at least 0.15, the court may order a 120-day period of 24/7 sobriety program monitoring. One prior offense: Where there is one prior offense with an arrest date within seven years before or after the arrest date of the current offense, the mandatory imprisonment and EHM may not be suspended unless the court finds that imposition of this mandatory minimum sentence would impose a substantial risk to the offender’s physical or mental well-being. In lieu of the mandatory term of imprisonment and EHM, when alcohol concentration is less than 0.15, the court may order a minimum of 4 days in jail, and either 180 days of EHM or a 120-day period of 24/7 sobriety program monitoring or at least 0.15, the court may order a minimum of 6 days in jail and either 6 months of EHM or a 120 day-period of 24/7 sobriety program monitoring, or a 120-day ignition interlock device requirement, or both.. Two prior offenses: If there are two prior offenses with an arrest date within seven years before or after the arrest date of the current offense, the mandatory jail shall be served by imprisonment for the minimum statutory term and may not be suspended unless the court finds that imposition of this mandatory minimum sentence would impose a substantial risk to the offender’s physical or mental well-being. The court shall order six-month 24/7 sobriety program monitoring, or a six-month ignition interlock device requirement, or both. The 24/7 sobriety program is a program which requires tests of the defendant’s blood, breath, urine, or other bodily substances to find out if there is alcohol, marijuana, or any controlled substance in his/her body. Testing must take place at designated location/s. The defendant may be required to pay the fees and costs for the program. RCW 46.61.5055(1), RCW 36.28A.330. Mandatory Conditions of Probation for any Suspended Jail Time: The individual is not to: drive a motor vehicle without a valid license to drive; (ii) drive a motor vehicle without proof of liability insurance or other financial responsibility (SR 22), (iii) drive or be in physical control of a vehicle while having an alcohol concentration of .08 or more or a THC concentration of 5.00 nanograms per milliliter of whole blood or higher within two hours after driving, (iv) refuse to submit to a test of his or her breath or blood to determine alcohol or drug concentration upon request of a law enforcement officer who has ---PAGE BREAK--- Statement of Defendant on Plea of Guilty Page 7 of 8 Revised June 2018 reasonable grounds to believe the person was driving or was in actual physical control of a motor vehicle while under the influence of intoxicating liquor or drug, drive a motor vehicle without a functioning ignition interlock device as required by DOL. For each violation of the above mandatory conditions, the court shall order a minimum of 30 days confinement, which may not be suspended or deferred. For each incident involving a violation, the court shall suspend the license for 30 days. RCW 46.61.5055(11). Courts are required to report violations of mandatory conditions requiring confinement or license suspension to DOL. RCW 46.61.5055. 3Mandatory Monetary Penalty: Criminal Conviction Fee, RCW 3.62.085, shall not be imposed if defendant is indigent as defined in RCW 10.101.010(3)(a)-(c). Fine, RCW 46.61.5055(1) – mandatory minimum may not be suspended unless defendant is indigent. PSEA 1, RCW 3.62.090(1) if applicable, shall not be suspended or waived; Alcohol Violators Fee, RCW 46.61.5054, may suspend all or part of fee if defendant does not have ability to pay; Criminal Justice Funding (CJF) Penalty, RCW 46.64.055, may not be reduced, waived, or suspended unless the defendant is indigent (Note: RCW 3.62.090(1) and apply to CJF penalty. If applicable, shall not be suspended or waived.) 4If Passenger Under 16: The interpretation of RCW 46.61.5055(6), regarding the fines, is unsettled. Some interpret it as setting a new mandatory minimum and maximum fine, replacing a fine in RCW 46.61.5055(1) – Some interpret it as setting a fine that is in addition to one of those fines. Apply applicable assessments. The court may not suspend the minimum fine unless defendant is indigent. 5Driver’s License and 24/7 Sobriety Program: If there are no prior offenses, and the person’s alcohol concentration is: 1) less than 0.15, the person’s driving privilege is suspended for 90 days or until the person is evaluated by an alcoholism agency or probation department and completes or is enrolled in a 90-day period of 24/7 sobriety program monitoring. The license suspension must not be fewer than 2 days. 2) at least 0.15, the person’s driving privilege is revoked for one year or until the person is evaluated by an alcoholism agency or probation department and completes or is enrolled in a 120-day period of 24/7 sobriety program monitoring. The license revocation must not be fewer than 4 days. If there is one prior offense and the person’s alcohol concentration is less than 0.15, the person’s driving privilege is revoked for two years or until the person is evaluated by an alcoholism agency or probation department and the person completes or is enrolled in a six-month period of 24/7 sobriety program monitoring. In no circumstances shall the license suspension be for less than one year. Felony DUI and Felony Physical Control: A current offense is a Class B felony punished under Ch. 9.94A RCW if the defendant has three prior convictions within ten years, or one prior conviction of Veh. Homicide or Veh. Assault, or a prior felony resulting from a or b. “Within ten years” means that the arrest for the prior offense occurred within ten years before or after the arrest for the current offense. RCW 46.61.5055(14)(c). Jurisdiction: Court has five years jurisdiction. 4 of 6 Court and Department of Licensing (DOL) Ignition Interlock Requirements, RCW 46.20.720 (as amended by statute effective June 7, 2018) Court Order to Comply with Rules and Requirements of DOL: The court orders the person to comply with the rules and requirements of DOL regarding the installation and use of a functioning ignition interlock (II) device on all motor vehicles operated by the person. If the court orders a person to refrain from consuming any alcohol, the court may order the person to submit to alcohol monitoring and to pay for the monitoring unless the court specifies the cost will be paid with funds available from an alternative source identified by the court. RCW 46.61.5055(5). DOL Ignition Interlock Device (IID) Requirements RCW 46.20.720: Restriction and duration: ---PAGE BREAK--- Statement of Defendant on Plea of Guilty Page 8 of 8 Revised June 2018 Post Conviction: After any applicable period of suspension, revocation, or denial of driving privilege due to conviction for DUI, Phys. Control, or an equivalent local or out-of-state statute or ordinance. No Previous Restriction: Previous 1-Year Restriction: Previous 5-Year Restriction: 1 Year 5 Years 10 Years Passenger Under Age 16: DOL shall extend the ignition interlock restriction an additional six months as required by RCW 46.61.5055(6)(a). Tolling: 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 unless DOL determines the person is unable to operate an IID due to a physical disability. Court Order: If the court orders that a person may drive only a motor vehicle equipped with a functioning IID, the court sets the duration of the restriction, up to the five years’ jurisdictional limit of the court, and the calibration level. RCW 46.20.720(1)(e). Calibration: Unless otherwise ordered, the calibration level for any IID shall be .025%. IID Costs: $20 fee per month and any other costs associated with the use of an IID. DOL may waive the fee if the person is indigent under RCW 10.101.010. Requirements for removal: Restriction effective until IID vendor certifies to DOL that none of the following occurred within 180 days prior to 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 .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. Day-for-Day credit: All time during which a required IID is installed, applies on a day-for-day basis toward a post-conviction IID requirement for the same incident. If day-for-day credit exceeds the post- conviction requirement, DOL may waive requirements. Employer Exemption: The installation of an IID is not necessary on vehicles owned, leased, or rented by a person’s employer and on those vehicles whose care and/or maintenance is the temporary responsibility of the employer and driven at the direction of a person’s employer as a requirement of employment during business hours upon providing an Employer Exemption declaration to DOL. However, the employer exemption does not apply when the employer’s vehicle is assigned exclusively to the restricted driver and used solely for commuting to and from employment.