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Impaired Driving Judgment And Commitment (After 12-1-11) CR-342B - North Carolina
| Impaired Driving Judgment And Commitment (After 12-1-11) Form. This is a North Carolina form and can be used in Criminal Statewide . |
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STATE OF NORTH CAROLINA County one DWI conviction and no other offense should be consolidated for judgment with the DWI offense.) File No. Seat of Court (NOTE: Except for cases involving a violation of both G.S. 20-138.1 and 138.2, this form should be used for only In The General Court Of Justice District Superior Court Division Name Of Defendant Race Sex STATE VERSUS State Date Of Birth Drivers License No. Attorney For State (For Offenses Committed On Or After Dec. 1, 2011) G.S. 20-179 Def. Waived Attorney IMPAIRED DRIVING JUDGMENT AND COMMITMENT Attorney For Defendant Date Of Offense Offense Def. Found Not Indigent Appointed Crt Rptr Initials Retained Impaired Driving (G.S. 20-138.1). Impaired Driving in a commercial vehicle (G.S. 20-138.2). Operating a commercial vehicle after consuming alcohol and this was the defendant's second or subsequent conviction of this offense (G.S. 20-138.2A). Operating a school bus, school activity bus, or child care vehicle after consuming alcohol and this was the defendant's second or subsequent conviction of this offense (G.S. 20-138.2B). The defendant pled guilty ( pursuant to Alford) to was found guilty by the Court of was found guilty by a jury of pled no contest to the offense specified above. The Court, based upon the determinations shown on the attached Determination of Sentencing Factors form (AOC-CR-311, Rev. 12/11), has imposed the following punishment level. Aggravated Level One. Level One. Level Two. Level Three. Level Four. Level Five. The Court, having considered evidence, arguments of counsel and statement of defendant, ORDERS that defendant be imprisoned for a minimum term of for a maximum term of in the custody of the N.C. Division of Adult Correction Sheriff of Other The defendant shall Day report in a sober condition to begin serving his/her term on: Date Hour County. (for ordered work release) Day Date Hour AM PM and shall remain in custody until: AM PM The defendant shall again report in a sober condition to continue serving this term on the same day of the week for the next consecutive weeks, and shall remain in custody during the same hours each week. The defendant shall be given credit for days spent in confinement prior to the date of this Judgment as a result of this charge. (NOTE: No credit may be given for the first 24 hours spent in confinement.) The sentence imposed above shall begin at the expiration of all sentences which the defendant is presently obligated to serve. The sentence imposed above shall begin at the expiration of the sentence imposed in the case referenced below: File No. Offense County Court Date The Court further Orders: (check all that apply) 1. The defendant shall pay to the Clerk of Superior Court the "Total Amount Due" shown below. Costs Fine Restitution* Attorney's Fees Appt Fee/Misc Total Amount Due $ $ $ $ $ $ NOTE: In addition to all other costs, G.S. 7A-304(a)(10) requires a fee of $100.00 for a conviction of any of the four offenses sentenced on this form. *See attached "Restitution Worksheet, Notice and Order (Initial Sentencing)," AOC-CR-611, which is incorporated by reference. 2. The Court finds that restitution was recommended as part of the defendant's plea arrangement. 3. The Court finds just cause to waive costs, as ordered on the attached AOC-CR-618. Other: 4. The Court finds that the defendant is is not suitable for placement in a county satellite jail/work release unit. G.S. 15A-1352(a). 5. Work release, with the consent of the defendant. a. After any required processing, defendant shall be committed to: [check (1) or (2)] (prison facility within/out of this county) (1) (local confinement facility/satellite jail/work release unit within/out of this county) (2) The Sheriff, Board of County Commissioners or Division of Adult Correction has consented to commitment to the abovedescribed facility that is not within this county. G.S. 15A-1352(d). b. The defendant's work release shall terminate on the date the offender loses his/her job or violates a condition of work release. c. Work release earnings shall be paid to the Clerk for payment of the items and amounts set out below after deduction by the Division of Adult Correction of the amounts allowed under G.S. 148-33.1(f). The Court recommends: 1. Work release should should not be granted. 2. Payment as a condition of parole or post-release supervision, if granted, or from work release earnings, if applicable, of the "Total Amount Due" set out above. but the Court does not recommend restitution be paid as a condition of parole or postrelease supervision. from work release earnings. . AOC-CR-342B, Rev. 12/12 © 2012 Administrative Office of the Courts Material opposite unmarked squares is to be disregarded as surplusage. (Over) American LegalNet, Inc. www.FormsWorkFlow.com The Court further Orders (cont.): The Court further recommends: SPECIAL ALCOHOL CONCENTRATION FINDING The defendant's alcohol concentration was 0.15 or greater. Other: . ORDER OF COMMITMENT 1. It is ORDERED that the Clerk deliver two certified copies of this Judgment and Commitment to the sheriff or other qualified officer and that the officer cause the defendant to be delivered with these copies to the custody of the agency named on the reverse to serve the sentence imposed or until the defendant shall have complied with the conditions of release pending appeal. 2. The defendant gives notice of appeal from the judgment of the District Court to the Superior Court. The current pretrial release order is modified as follows: NOTE: Upon notice of appeal, the District Court sentence is vacated. Withdrawal of appeal or remand to District Court requires that a new sentencing hearing be scheduled. 3. The defendant gives notice of appeal from the judgment of the Superior Court to the appellate division. Appeal entries and any conditions of post conviction release are set forth on form AOC-CR-350. Date Name Of Presiding Judge (Type Or Print) Signature Of Presiding Judge Date Remanded To District Court Date Appeal Dismissed ORDER OF COMMITMENT AFTER APPEAL Date Withdrawal Of Appeal Filed Date Appellate Opinion Certified It is ORDERED that this Judgment be executed. It is FURTHER ORDERED that the sheriff arrest the defendant, if necessary, and recommit the defendant to the custody of the agency named in this Judgment and furnish that agency two certified copies of this Judgment and Commitment as authority for the commitment and detention of the defendant. Date Signature Of Cle
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