4TH OFFENSE
SENTENCE: |
IF NO PROBATION
|
| These penalties apply to a new conviction
of V.C. Sec. 23152 if the defendant already has three
or more separate convictions for either: |
| (1) A separate conviction of V.C. 23152,
or 23153, 23102, 23105 or 23106 which took place within
seven years of the new offense. |
| ( 2) You have a new separate conviction
of 23103 under 23103.5 which occurred on or after January
1, 1982, and within 7 years of the new offense. |
| |
| JAIL: |
Minimum of 16 months, maximum of 2 or 3 years in state
prison or 180 days to 1 year in county jail. |
| FINE: |
Minimum of $390.00 (plus mandatory penalty assessments)
to maximum of $1,000.00 (plus mandatory penalty assessments).
|
| LICENSE: |
Revoked for four years. License shall be surrendered
to the Court and you shall be designated as an "habitual
traffic offender." The status of an habitual traffic
offender will result in an enhanced jail sentence if you
drive with a revoked license in a violation of Vehicle
Code Section 14601.2 |
| TREATMENT PROGRAM: |
None required; however, DMV will not reinstate license
until proof of completion of a treatment program. |
| -or- |
|
4TH OFFENSE
SENTENCE:
|
PROBATION GRANTED |
| These penalties apply to a new conviction
of V.C. Sec. 23152 if the defendant already has three
or more separate convictions for either: |
| (1) A separate conviction of V.C. 23152,
or 23153, 23102, 23105 or 23106 which took place within
seven years of the new offense. |
| (2) You have a new separate conviction of
23103 under 23103.5 which occurred on or after January
1, 1982, and within 7 years of the new offense. |
| |
|
| JAIL: |
Minimum of 180 days, maximum of 1 year or if ordered
to attend 30-month treatment program: Minimum of 30 days,
maximum of one year. |
| FINE: |
Minimum of $390.00 (plus mandatory penalty assessments)
to maximum of $1,000.00 (plus mandatory penalty assessments).
|
| LICENSE: |
Revoked for four years. License shall be surrendered
to the Court and you shall be designated as an "habitual
traffic offender." You will be required to sign an
affidavit on a DMV form acknowledging the license revocation
and the designation as an habitual traffic offender. The
status of an habitual traffic offender will result in
an enhanced jail sentence if you drive with a revoked
license in violation of Vehicle Code Section 14601.2.
|
| TREATMENT PROGRAM: |
Participate in either an 18 month or upon a showing
of good cause, a 30 month treatment program approved pursuant
to Chapter 9, Part 2 of Division 10.5 of the Health and
Safety Code, in order to be eligible for a drivers license
following license revocation, regardless of the successful
performance of other conditions of probation. No credit
may be given for any program activities completed prior
to the date of the offense charged. |
| VEHICLE IMPOUND: |
If the offense is within 5 years of two or more prior
DUI convictions, and if the vehicle is solely registered
to the defendant, the vehicle shall be impounded at the
defendant's expense for not more than 90 days, except
in an unusual case when the Court finds the interest of
justice would be best served by not ordering impoundment.
In addition, if the defendant is the solely registered
owner of the vehicle used in the violation, the court
may upon its own motion declare that vehicle to be a nuisance
and order the forfeiture or sale of that vehicle. (VC23596).
|