Impaired Driving Judgment Suspending Sentence (Before 12-1-09) Form. This is a North Carolina form and can be use in Criminal Statewide.
Tags: Impaired Driving Judgment Suspending Sentence (Before 12-1-09), CR-310A, North Carolina Statewide, Criminal
en-USFile No. en-USIMPAIRED DRIVING - JUDGMENTen-USSUSPENDING SENTENCEen-US(For Offenses Committed Before Dec. 1, 2009) en-US COMMITMENT ON SPECIAL PROBATIONen-USG.S. 20-179en-US(en-USNOTE:en-US en-USThis form should be used for only one DWI conviction. Multiple convictions sentenced en-US en-USunder G.S. 20-179 may not be consolidated for judgment.)en-USName Of Defendant en-USRaceen-USSexen-USStateen-USDrivers License No.en-USDate Of Birthen-USCrt Rptr Initials en-USSTATE VERSUS en-USSTATE OF NORTH CAROLINAen-US en-USCounty en-US en-US en-US Seat of Court en-USIn The General Court Of Justice en-US District en-US Superior Court Division en-USAttorney For Stateen-USDate Of Offense en-US en-USDef. Found en-US Def. Waived þ Not Indigent þ Attorney þ en-USAttorney For Defendant þ Appointed þ Retained en-USOriginal - File Copy - DMVen-USMaterial opposite unmarked squares is to be disregarded as surplusage.en-US(Over) en-USfor a minimum term ofen-USfor a maximum term ofen-US en-USOffense þ en-US Impaired Driving (G.S. 20-138.1). en-US Impaired Driving in a commercial vehicle (G.S. 20-138.2). en-US Operating a commercial vehicle after en-USconsuming alcohol and this was the defendant222s second or subsequent conviction of this offense (G.S. 20-138.2A). en-US Operating a school en-USbus, school activity bus, or child care vehicle after consuming alcohol and this was the defendant222s second or subsequent conviction of this en-USoffense (G.S. 20-138.2B).en-USThe defendant was found guilty/responsible, pursuant to en-US plea ( en-US pursuant to en-USAlforden-US) ( en-US of no contest) en-US trial by judge en-US trial by jury, ofen-USen-US en-US en-USLevel One.en-US en-US en-USLevel Two. en-US en-US en-USLevel Three.en-US en-US en-USLevel Four.en-US en-US en-USLevel Five.en-US en-USSubject to the conditions set out below, the execution of this sentence is suspended and the defendant is placed on en-US unsupervised probation for en-US en-US months. en-US supervised probation for en-US en-US months, the Court having received evidence and having found as a fact that supervision is necessary. en-USSUSPENSION OF SENTENCE en-USSPECIAL PROBATION - G.S. 15A-1351 en-USen-US en-US. en-USThe defendant shall be given credit for en-US en-USen-US þ 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 en-USoffense. Credit shall be applied against the en-US minimum and maximum terms above. þ imprisonment for special probation below. ( en-USNOTE:en-US en-USen-US) en-US en-US þû en-US en-US en-US en-USOther: þ en-US. en-USFineen-USRestitution*en-USAttorney222s Feesen-USCommunity Service Feeen-USEHA Fee/CAM Feeen-USAppt Fee/Miscen-USTotal Amount Dueen-USCosts en-USen-USprobation above, pursuant to a schedule en-US en-US en-US set out by the court as follows: þ þ en-US. en-USMONETARY CONDITIONS en-US$en-US$en-US$en-US$en-US$en-US$en-US$en-US$ þ C. þ The defendant shall again report in a sober condition to continue serving this term on the same day of the week for the next en-US en en-USconsecutive weeks, and shall remain in custody during the same hours each week until completion of the active term ordered. þ þ en-US en-US en-US days en-US months of this Judgment. þ þ en-US F. Substance abuse treatment is recommended. en-US en-USAM en-USen-US en-USDayen-USHour en-US en-USAM en-USen-US en-USDayen-USHouren-USDateen-USDateen-USand shall en-USremain in en-UScustody until: þ B. þ The defendant shall report en-USin a sober condition to en-USbegin serving this term on: en-USREGULAR CONDITIONS OF PROBATION - G.S. 15A-1343(b) en-USNOTE: en-USen-USThe defendant shall:en-USen-USgainfully 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 en-USen-US en-USIf the defendant is on supervised probation, the defendant shall also:en-USen-USen-USen-US en-USen-USen-USIf the defendant is to serve an active sentence as a condition of special probation, the defendant shall also:en-US (9) Obey the rules and regulations of the Division of Adult Correction en-USen-USwithin 72 hours of the defendant222s discharge from the active term of imprisonment. þ A. þ As a condition of special probation, the defendant shall en-US(select 1. or 2.)en-US þ þ 1. þ serve an active term of en-US en-US en-US days en-US months en-US hoursen-US þ a. þ in the custody of the Sheriff of this County. en-US and pay jail fees.en-US þ b. þ as an inpatient in en-US(name treatment facility)en-US en-US en-US and shall follow the rules of that en-USfacility until discharged and not leave its premises except as authorized under those rules. þ þ 2. en-US(for offenses committed prior to December 1, 1997)en-US þ en-USNOTE: en-USThis term shall NOT be reduced by good time, gain time, or parole, or, unless provided above, by jail or treatment time. American LegalNet, Inc. www.FormsWorkFlow.com þ 11. þ Obtain a substance abuse assessment and all recommended education or treatment. en-US(Mandatory for offenses committed on or after December 1, 1997.) þ 12. þ Surrender the defendant222s drivers license to the Clerk of Superior Court for transmittal/notification to the Division of Motor Vehicles; and not operate en-USa motor vehicle until the defendant222s driving privilege is restored by that Division, except as may be permitted in a limited privilege. þ 13. þ Complete en-US en-US hours of community service within en-US en-US days from this date as directed by the judicial service coordinator, and pay to en-USthe Clerk the community service fee prescribed by law en-USen-US en-US within en-US en-US days of this date. en-US Fee shall be paid before beginning service. þ þ en-USis in the original container with the prescription number affixed on it; not knowingly associate with any previously convicted users, possessors en-USor sellers of any such illegal drug or controlled substances; and not knowingly be present at or frequent any place where such illegal drugs or en-UScontrolled substances are sold, kept or used. þ 15. þ Submit, upon the request of any law enforcement or probation officer, to any physical, chemical, blood, or breath test or to a urinalysis for the en-USdetection of alcohol or controlled substances. þ þ en-US en-US days, as verified by a continuous alcohol monitoring system of a type approved by the Division of en-USAdult Correction and Juvenile Justice. en-US The defendant shall pay to the Clerk the fees associated with the system, as set by the entity providing en-USthe system, but not to exceed a total cost of $1,000. en-US The court finds, upon good cause shown, that the defendant should not be required to en-USpay the costs of the continuous alcohol monitoring system and en-US en-US, the local government entity responsible en-USfor the incarceration of the defendant in the local confinement facility, has agreed to pay the costs of the system to the Clerk. en-US(Applies to offense(s) en-UScommitted on or after December 1, 2007.) þ 17. þ Other: þ The defendant222s alcohol concentration was en-US en-US 0.15 en-US(use for offense(s) committed on or after December 1, 2007) en-USor greater. en-US Other: en-US en-US.en-USMaterial opposite unmarked squares is to be disregarded as surplusage. en-USSPECIAL CONDITIONS OF PROBATION - G.S. 15A-1343(b1); 20-179 en-US[Check any that apply - G.S. 20-179(r)] þ en-USThe probation officer may transfer the defendant to unsupervised probation upon completion of en-US the community service required by Special en-US en-US en-USSPECIAL ALCOHOL CONCENTRATION FINDING en-USORDER OF COMMITMENT/APPEAL ENTRIES þ þ en-UStwoen-USen-USen-USor until the defendant shall have complied with the conditions of release pending appeal. þ 2. þ 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 en-USfollows: þ . þ en-USNOTE: en-USWithdrawal of appeal or remand to District Court requires that a new sentencing hearing be scheduled in District Court, unless certain conditions are en-USmet. G.S.