File No. STATE OF NORTH CAROLINA County Seat of Court In The General Court Of Justice District Superior Court Division (NOTE: Except for 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.) STATE VERSUS Name Of Defendant Sex Race Drivers License No. State IMPAIRED DRIVING JUDGMENT AND COMMITMENT DOB G.S. 20-179 Date Of Offense Offense Attorney For State Def. Found Not Indigent Def. Waived Attorney Attorney For Defendant Appointed 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 appeared in open court and freely, voluntarily and understandingly pled guilty 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), 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. Department of Correction Sheriff of Other The defendant shall Day report in a sober condition to begin serving his/her term on: Hour Date AM PM and shall remain in custody until: County. (for ordered work release) 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 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 Number Offense County Court Date The Court further Orders: (check all that apply) 2. The defendant shall pay a fine of $ 1. The defendant shall pay the costs. is is not suitable for placement in a county satellite jail/work release unit. 3. The Court finds that the defendant G.S. 15A-1352(a). 4. Work release, with the consent of the defendant. (a) After any required processing, defendant shall be committed to: [check (1) or (2)] . (1) (prison facility within/out of this county) (2) (local confinement facility/satellite jail/work release unit within/out of this county). The Sheriff, Board of County Commissioners or Department of Correction has consented to commitment to the above-described 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 Department of 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, if granted, or from work release earnings, if applicable, of the items and amounts set out below, unless otherwise recommended below for restitution. Court Costs Fine Restitution* Reimbursement For Attorney's Fees And Other Expenses Total Amount Due *See attached "Restitution Worksheet, Notice and Order (Initial Sentencing)," AOC-CR-611, which is incorporated by reference. The Court finds that restitution was recommended as part of the defendant's plea arrangement. The Court does not recommend restitution be paid as a condition of parole from work release earnings. Material opposite unmarked squares is to be disregarded as surplusage. (Over) AOC-CR-342, Rev. 4/11 © 2011 Administrative Office of the Courts 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 Other: . 0.16 0.15 (use for offenses committed on or after December 1, 2007) or greater. AWARD OF FEE TO COUNSEL FOR DEFENDANT A hearing was held in open court in the presence of the defendant at which time a fee, including expenses, was awarded to the defendant's appointed counsel or the assigned public defender. 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 Signature Of Presiding Judge Name Of Presiding Judge (Type Or Print) ORDER OF COMMITMENT AFTER APPEAL Date Remanded To District Court Date Appeal Dismissed 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 Clerk Deputy CSC Assistant CSC Clerk Of Superior Court CERTIFICATION I certify that this Judgment and Commitment and the attachment(s) marked below is a true and complete copy of the original which is on file in this case. 1. Appellate Entries (AOC-CR-350) 2. Determination Of Sentencing Factors In DWI Cases (AOC-CR-311) 3. Restitution Worksheet, Notice And Order (Initial Sentencing) (AOC-CR-611) Date Signature SEAL Date Certified Copies Delivered To Sheriff Deputy CSC Assistant CSC Clerk Of Superior Court Material opposite unmarked squares is to be disregarded as surplusage. AOC-CR-342, Side Two, Rev. 4/11 © 2011 Administrative Office of the Courts American LegalNet, Inc. www.FormsWorkFlow.com