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Impaired Driving Judgment Suspending Sentence (12-1-09 To 11-30-11) CR-310B - North Carolina
| Impaired Driving Judgment Suspending Sentence (12-1-09 To 11-30-11) Form. This is a North Carolina form and can be used in Criminal Statewide . |
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STATE OF NORTH CAROLINA one DWI conviction, and no other offense should be consolidated for judgment with the DWI offense.) File No. County Seat of Court (NOTE: Except in 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 Dec. 1, 2009 - Nov. 30, 2011) IMPAIRED DRIVING - JUDGMENT SUSPENDING SENTENCE COMMITMENT ON SPECIAL PROBATION Date Of Offense Offense Def. Found Not Indigent Def. Waived Attorney G.S. 20-179 Attorney For Defendant 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). for a minimum term of 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. 12/07), has imposed the following punishment level. 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 maximum term of in the custody of the This sentence shall run at the expiration of sentence imposed in file number . The defendant shall be given credit for days spent in confinement prior to the date of this Judgment as a result of this charge and as an inpatient at a facility operated or licensed by the State for the treatment of alcoholism or substance abuse after the commission of the above offense. Credit shall be applied against the minimum and maximum terms above. imprisonment for special probation below. (NOTE: No credit may be given for the first 24 hours spent in confinement.) N.C. Division of Adult Correction. Sheriff of County. SUSPENSION OF SENTENCE Subject to the conditions set out below, the execution of this sentence is suspended and the defendant is placed on unsupervised probation for months. supervised probation for months, the Court having received evidence and having found as a fact that supervision is necessary. (NOTE: This term shall NOT be reduced by good time, gain time or parole, or, unless provided above, by jail or treatment time.) The defendant shall report in Day Date Hour Day Date AM and shall a sober condition to begin remain in PM custody until: serving this term on: As a condition of special probation, the defendant shall serve an active term of the N.C. DAC. Sheriff of this County. pay jail fees. SPECIAL PROBATION - G.S. 15A-1351 days months in the custody of Hour 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 serve the active term above as an inpatient in (Name treatment facility) and shall follow the rules of that facility until discharged and not leave its premises except as authorized under those rules. The defendant shall pay to the Clerk of Superior Court the "Total Amount Due" shown below, plus the probation supervision fee, pursuant to a schedule determined by the probation officer. set out by the court as follows: Costs Fine Restitution* Attorney's Fees Community Service Fee EHA Fee/CAM Fee Appt Fee/Misc Total Amount Due MONETARY CONDITIONS . $ $ $ $ $ $ $ $ . *See attached "Restitution Worksheet, Notice And Order (Initial Sentencing)" AOC-CR-611, which is incorporated by reference. The Court finds just cause to waive costs, as ordered on the attached AOC-CR-618. Other: Upon payment of the "Total Amount Due," the probation officer may transfer the defendant to unsupervised probation. NOTE: Any probationary judgment may be extended pursuant to G.S. 15A-1342. REGULAR CONDITIONS OF PROBATION - G.S. 15A-1343(b) The defendant shall: (1) Commit no criminal offense in any jurisdiction. (2) Possess no firearm, explosive device or other deadly weapon listed in G.S. 14-269. (3) Remain gainfully and suitably employed or faithfully pursue a course of study or of vocational training that will equip the defendant for suitable employment, and abide by all rules of the institution. (4) Satisfy child support and family obligations, as required by the Court. If the defendant is on supervised probation, the defendant shall also: (5) Remain within the jurisdiction of the Court unless granted written permission to leave by the Court or the probation officer. (6) Report as directed by the Court or the probation officer to the officer at reasonable times and places and in a reasonable manner, permit the officer to visit at reasonable times, answer all reasonable inquiries by the officer and obtain prior approval from the officer for, and notify the officer of, any change in address or employment. (7) Notify the probation officer if the defendant fails to obtain or retain satisfactory employment. (8) At a time to be designated by the probation officer, visit with the probation officer a facility maintained by the Section of Prisons. (9) Submit at reasonable times to warrantless searches by a probation officer of the defendant's person and of the defendant's vehicle and premises while the defendant is present, for purposes directly related to the probation supervision, but the defendant may not be required to submit to any other search that would otherwise be unlawful. Whenever the warrantless search consists of testing for the presence of illegal drugs, the defendant may be required to reimburse the Division of Adult Correction for the actual cost of drug screening and drug testing, if the results are positive. (10) Submit to warrantless searches by a law enforcement officer Original - File Copy - DMV Material opposite unmarked squares is to be disregarded as surplusage. (Over) AOC-CR-310B, Rev. 12/12 © 2012 Administrative Office of the Courts American LegalNet, Inc. www.FormsWorkFlow.com of the defendant's person and of the defe
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