New Hampshire > Statewide > District Division > Criminal
Acknowledgment And Waiver Of Rights DUI First Offense NHJB-2092-D - New Hampshire
| Acknowledgment And Waiver Of Rights DUI First Offense Form. This is a New Hampshire form and can be used in Criminal District Division Statewide . |
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THE STATE OF NEW HAMPSHIRE JUDICIAL BRANCH http://www.courts.state.nh.us Court Name: Case Name: Case Number: (if known) ACKNOWLEDGMENT AND WAIVER OF RIGHTS DUI FIRST OFFENSE The statements made below shall apply to each and every complaint, if there be more than one, to which I intend to plead guilty or no contest. Date I, of have been charged with OPERATING UNDER THE INFLUENCE, FIRST OFFENSE, a CLASS B MISDEMEANOR. I understand that I may be represented by a lawyer of my own choosing and at my own expense. I am represented by , a lawyer admitted to practice in New Hampshire. I am satisfied with my lawyer and all explanations have been clear. I do not want a lawyer. I understand and know what I am doing. I hereby waive being represented by a lawyer. I understand that I do not have to plead GUILTY or NO CONTEST and that even after signing this form I still do not have to plead GUILTY or NO CONTEST. I understand that by pleading GUILTY or NO CONTEST to the complaint(s) that I am giving up the following constitutional rights as to the charge(s): MY RIGHT to a speedy and public trial. MY RIGHT to see, hear and question all witnesses. This gives me the opportunity and right to face the witnesses against me and question them myself or through my attorney. MY RIGHT to present evidence and call witnesses in my favor and to testify on my own behalf. MY RIGHT to remain silent and not testify at a trial. MY RIGHT to have the Judge ORDER into court all evidence and witnesses in my favor. MY RIGHT not to be convicted unless the State proves that I am guilty beyond a reasonable doubt with respect to all elements of the charge, which have been explained to me. MY RIGHT to keep out evidence, including confessions, illegally obtained. MY RIGHT to appeal to the Supreme Court on issues of law. I GIVE UP ALL THE ABOVE RIGHTS OF MY OWN FREE WILL. I understand that by pleading GUILTY or NO CONTEST I am admitting to or not contesting the truth of the charge(s) against me in the complaint(s) and that on the Judge's acceptance of my GUILTY or NO CONTEST plea, a conviction(s) will be entered against me. No force has been used upon me, nor have any threats been made to me, by any member of the Prosecutor's Office or anyone else to have me enter this plea of GUILTY or NO CONTEST. No promises have been made to me by any member of the Prosecutor's Office or anyone else in an effort to have me enter this plea of GUILTY or NO CONTEST to the charge(s), except as follows: However, I understand that the Judge is not bound by the Prosecutor's recommendation as to sentence, and that I may withdraw my plea if the Judge exceeds the limits of a negotiated plea. NHJB-2092-D (09/17/2010) Page 1 of 3 American LegalNet, Inc. www.FormsWorkFlow.com Case Name: Case Number: ACKNOWLEDGMENT AND WAIVER OF RIGHTS DUI FIRST OFFENSE I understand as a consequence of my plea of GUILTY or NO CONTEST that the Judge may impose such sentence as in his/her discretion s/he considers appropriate, subject, however, to those limits prescribed by law. I understand that the complaint is one accusing me of OPERATING UNDER THE INFLUENCE, FIRST OFFENSE, A CLASS B MISDEMEANOR. I shall be fined not less than $500 and my driver's license or privilege to drive shall be revoked for not less than 9 months or more than 2 years. The court may suspend up to 6 months of this revocation provided I have entered into the relevant driver intervention program required within 45 days of conviction or as soon thereafter as any extenuating circumstances approved by the department of health and human services allow. If I am under the age of 21 I shall have my license revoked for not less than 1 year. I will be required to furnish proof of successful completion of an impaired driver intervention program prior to the restoration of my driver's license or privilege to drive. I understand that if I am convicted of OPERATING UNDER THE INFLUENCE, FIRST OFFENSE and I am found, upon examination of my motor vehicle record, to have had one or more prior convictions in New Hampshire or another state within 10 years preceding the date of the second or subsequent offense, I shall be subject to enhanced penalties that include revocation of my license and/or privilege to drive for not less than 1 year and up to 3 years. Except for good cause found and noted in writing, the Court may suspend up to 6 months of this sentence provided that within 45 days after conviction I enter and complete a 7 day residential intervention program approved by the Commissioner of Health and Human Services at my own expense. The Court may further order attendance at a residential treatment center for a period not to exceed 30 days, at my own expense. If I am found guilty of a second offense of operating under the influence and the prior conviction occurred within 2 years preceding the date of the second offense, the court will convict me of a CLASS A MISDEMEANOR, and I will be sentenced to confinement for not less than 37 consecutive days of which 30 consecutive 24-hour periods shall be served in the county correctional facility followed by 7 consecutive days to be served at the state operated 7-day multiple DWI offender intervention detention center. In the event that the state-operated 7-day multiple DWI offender intervention detention center has no available space, I shall be assigned to a residential intervention program approved by the Commissioner of Health and Human Services. This sentence shall be served within 21 days of conviction. I shall be fined not less than $750 and my license/privilege to drive shall be revoked for not less than 3 years. I must also follow treatment recommendations arising out of the final evaluation given at the multiple DWI offender intervention detention center or equivalent program residential intervention program. I must pay for the cost of the seven-day program prior to license restoration. If I leave the program before completion and fail to return and complete it as soon thereafter as extenuating circumstances approved by the department of health and human services allow, or if I fail to begin following treatment recommendations within the time required I shall be in contempt of court and I shall serve a minimum of 30 days in the county correctional facility. If I am convicted of a second offense of operating under the influence with a prior conviction more than 2 years but not more than 10 years preceding the date of the second offense, I shall be guilty
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