Officers Affidavit For Seizure And Impoundment And Magistrates Order Impaired Driving {CR-323A} | Pdf Fpdf Doc Docx | North Carolina

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Officers Affidavit For Seizure And Impoundment And Magistrates Order Impaired Driving {CR-323A} | Pdf Fpdf Doc Docx | North Carolina

Officers Affidavit For Seizure And Impoundment And Magistrates Order Impaired Driving {CR-323A}

This is a North Carolina form that can be used for Criminal within Statewide.

Alternate TextLast updated: 8/26/2014

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STATE OF NORTH CAROLINA County Name And Address Of Defendant (TYPE OR PRINT IN BLACK INK) File No. In The General Court Of Justice District Court Division OFFICER'S AFFIDAVIT FOR SEIZURE AND IMPOUNDMENT AND MAGISTRATE'S ORDER IMPAIRED DRIVING State Name And Address Of Vehicle Owner G.S. 20-28.3 Defendant's Drivers License No. Vehicle Identification No. Vehicle License No. Date Of Offense State Year Date Of Seizure Make Model Body Style Present Location Of Motor Vehicle Time Of Seizure AM PM I. OFFICER'S AFFIDAVIT The undersigned being first duly sworn says: 1. I am a law enforcement officer. On or about the date of offense shown above, I had probable cause to believe that the defendant named above drove the motor vehicle described above in the above county upon (Give street, highway or public vehicular area.) while committing an offense involving impaired driving in violation of G.S. 20-138.1 G.S. 20-138.5 G.S. (See Section III on reverse for a list of offenses involving impaired driving.) in that: (List sufficient facts to constitute probable cause.) . defendant has been convicted of three (3) or more offenses involving impaired driving as defined in G.S. 20-4.01(24a) within ten (10) years of the date of offense shown above. I charged the defendant with an offense in violation of the statute cited above. A check of the records of the Division of Motor Vehicles or other reliable information indicates that, at the time of the above offense, the defendant's drivers license was revoked as a result of a prior impaired driving license revocation as defined in G.S. 20-28.2(a). (See Section IV the defendant was driving without a valid drivers license and was not covered by an on reverse for a list of impaired driving license revocations.) automobile liability insurance policy. A check of law enforcement records or other reliable information indicates that the motor vehicle described above has not been reported stolen. The motor vehicle described above is not a rental vehicle, or if it is a rental vehicle, the defendant is listed as an authorized driver on the rental contract. (a) On the date of seizure shown above, I seized the vehicle described above and it is presently at the location shown above. (b) The motor vehicle has not yet been seized. Signature Of Seizing Officer Name Of Seizing Officer (Type Or Print) Name Of Department Or Agency Of Officer (Check if defendant charged under G.S. 20-138.5.) and a check of the Division of Motor Vehicles' records or other reliable information indicates that the 2. 3. 4. 5. 6. SWORN/AFFIRMED AND SUBSCRIBED TO BEFORE ME Date Magistrate Notary Signature Of Official Authorized To Administer Oaths Deputy CSC Assistant CSC Date My Commission Expires County Where Notarized Clerk Of Superior Court SEAL On the basis of the facts set forth in the above Affidavit and any additional information furnished under oath, the undersigned finds that the requirements of have not been met. G.S. 20-28.3 for the seizure and impoundment of the motor vehicle described above have a. It is ORDERED that the above described motor vehicle be impounded and held pending further orders of the court. b. It is ORDERED that any officer with authority and jurisdiction seize the above described motor vehicle and that it be impounded and held pending further orders of the court. 2. It is ORDERED that the above described motor vehicle be released to the motor vehicle owner upon payment of all towing and storage charges incurred as a result of the seizure of that vehicle. 1. Name Of Magistrate (Type Or Print) Signature Of Magistrate II. MAGISTRATE'S ORDER Date NOTE TO OFFICER: The seizing officer shall notify the Division of Motor Vehicles (DMV) of the seizure as soon as practical, but not later than 24 hours after the seizure of the motor vehicle. G.S. 20-28.3(b). The seizing officer should complete form ENF-176 and forward it to the officer's DCI terminal operator. The terminal operator will then transmit the information to DMV via DCI. This Order authorizes any officer with jurisdiction to enter the property of the defendant to seize the motor vehicle. Consent or a search warrant is required to enter the private property of another. G.S. 20-28.3(c1). NOTE TO MAGISTRATE: The magistrate shall provide the original of this form to the Clerk. G.S. 20-28.3(c). The magistrate should provide copies to the defendant and to the seizing officer. NOTE TO CLERK: The Clerk shall provide copies of this form, if it orders a seizure, to the district attorney and the attorney for the county board of education. G.S. 20-28.3(c). (Over) AOC-CR-323A, Rev. 12/13 American LegalNet, Inc. © 2013 Administrative Office of the Courts III. OFFENSES INVOLVING IMPAIRED DRIVING G.S. 20-4.01(24a) defines "offense involving impaired driving" to include the following: - impaired driving under G.S. 20-138.1; - any offense set forth under G.S. 20-141.4 based on impaired driving; - first or second degree murder under G.S. 14-17 or involuntary manslaughter under G.S. 14-18 when the charge is based on impaired driving; - impaired driving in a commercial vehicle under G.S. 20-138.2; - habitual impaired driving under G.S. 20-138.5. IV. IMPAIRED DRIVING LICENSE REVOCATIONS - G.S. 20-28.2(a) Under G.S. 20-28.2(a), the revocation of a person's drivers license is an impaired driving license revocation if the revocation is pursuant to any of the following statutes: G.S. 20-13.2 G.S. 20-16(a)(8b) G.S. 20-16.2 G.S. 20-16.5 G.S. 20-17(a)(2) G.S. 20-138.5 G.S. 20-17(a)(12) G.S. 20-16(a)(7) G.S. 20-17(a)(1) G.S. 20-17(a)(3) G.S. 20-17(a)(9) G.S. 20-17(a)(11) G.S. 20-28.2(a)(3) - Driving After Consuming Alcohol/Drugs While Less Than 21 - Military Driving While Impaired - Refused Chemical Test - Civil Revocation - Driving While Impaired Driving While Impaired In Commercial Motor Vehicle - Habitual Driving While Impaired - Transporting Open Container - 2nd Or Subsequent - Out-Of-State Offense Similar To Driving While Impaired Resulting In NC Revocation - Manslaughter Involving Driving While Impaired - Any Felony In The Commission Of Which A Motor Vehicle Is Used, If The Offense Involves Impaired Driving - Any Offense Set Forth Under G.S. 20-141.4 Based On Impaired Driving - Conviction Of Assault With A Motor Vehicle If Offense Involves Impaired Driving - Laws of another state when the offense for which the person's drivers license is revoked prohibits substantially similar conduct that if committed in this state

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