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Impaired Driving Judgment Suspending Sentence (Before 12-1-09) CR-310A - North Carolina
| Impaired Driving Judgment Suspending Sentence (Before 12-1-09) Form. This is a North Carolina form and can be used in Criminal Statewide . |
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STATE OF NORTH CAROLINA County (NOTE: Except in cases involving a violation of both G.S. 20-138.1 and 138.2, this form should be used for only one DWI conviction, and no other offense should be consolidated for judgment with the DWI offense.) File No. Seat of Court 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 Before Dec. 1, 2009) IMPAIRED DRIVING - JUDGMENT SUSPENDING SENTENCE Date Of Offense Offense COMMITMENT ON SPECIAL PROBATION Def. Found Not Indigent Def. Waived Attorney Attorney For Defendant G.S. 20-179 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. 12/07), 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 minimum term of for a maximum term of in the custody of the N.C. Division of Adult Correction. Sheriff of County. This sentence shall run at the expiration of the 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.) 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. SUSPENSION OF SENTENCE As a condition of special probation, the defendant shall serve an active term of days months, in the custody of the N.C. DAC. Sheriff of this County. (for offenses committed prior to December 1, 1997) submit to a combination of imprisonment and house arrest per attached AOC-CR-603A, Page Two. pay jail fees. (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 a sober condition to begin serving this term on: Date Hour SPECIAL PROBATION - G.S. 15A-1351 AM PM and shall remain in custody until: Day Date 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 . $ $ $ $ $ AOC-CR-618. $ Other: $ $ . * 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 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. 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. If the defendant is to serve an active sentence as a condition of special probation, the defendant shall also: (9) Obey the rules and regulations of the Division of Adult Correction governing the conduct of inmates while imprisoned. (10) Report to a probation officer in the State of North Carolina within 72 hours of the defendant's discharge from the active term of imprisonment. AOC-CR-310A, Rev. 12/12 © 2012 Administrative Office of the Courts Original - File Copy - DMV Material opposite unmarked squares is to be disregarded as surplusage. (Over) REGULAR CONDITIONS OF PROBATION - G.S. 15A-1343(b) American LegalNet, Inc. www.FormsWorkFlow.com 11. Obtain a substance abuse assessment and all recommended education or treatment. (Mandatory for offenses committed on or after 12. Surrender the defendant's drivers lice
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