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Impaired Driving Judgment Suspending Sentence (After 12-1-11) Form. This is a North Carolina form and can be use in Criminal Statewide.
Tags: Impaired Driving Judgment Suspending Sentence (After 12-1-11), CR-310C, North Carolina Statewide, Criminal
File No.
STATE OF NORTH CAROLINA
In The General Court Of Justice
District
Superior Court Division
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
one DWI conviction, and no other offense should be consolidated for judgment with the DWI offense.)
STATE VERSUS
Name Of Defendant
Race
Sex
Date Of Offense
Offense
IMPAIRED DRIVING - JUDGMENT
SUSPENDING SENTENCE
State
Drivers License No.
(For Offenses Committed On Or After Dec. 1, 2011)
Date Of Birth
COMMITMENT ON SPECIAL PROBATION
Attorney For State
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. 12/11), has imposed the following punishment level.
Aggravated Level One.
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
for a minimum term of
in the custody of the
N.C. Division of Adult Correction.
Sheriff of
County.
.
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.)
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.
SPECIAL PROBATION - G.S. 15A-1351
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.
days
months in the custody of
(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
Hour
Date
Day
Date
AM and shall
a sober condition to begin
remain in
PM custody until:
serving this term on:
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.
MONETARY CONDITIONS
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
Miscellaneous
Total Amount Due
$
$
$
$
$
$
$
$
NOTE: In addition to all other costs, G.S. 7A-304(a)(10) requires a fee of $100.00 for a conviction of any of the four offenses sentenced on this form.
*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.
Upon payment of the "Total Amount Due," the probation officer may transfer the defendant to unsupervised probation.
REGULAR CONDITIONS OF PROBATION - G.S. 15A-1343(b)
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 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. (5) Not abscond,
by willfully avoiding supervision or by willfully making the defendant’s whereabouts unknown to the supervising probation officer.
If the defendant is on supervised probation, the defendant shall also: (6) Remain within the jurisdiction of the Court unless granted written permission to leave by the Court or
the probation officer. (7) 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. (8) Notify the probation officer if the defendant fails to obtain or retain satisfactory employment. (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. (10) Submit to warrantless searches by a law enforcement
AOC-CR-310C, Rev. 1/12
© 2012 Administrative Office of the Courts
Original - File Copy - DMV
Material opposite unmarked squares is to be disregarded as surplusage.
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officer of the defendant's person and of the defendant's vehicle, upon a reasonable suspicion that the defendant is engaged in criminal activity or is in possession of a firearm,
explosive device, or other deadly weapon listed in G.S. 14-269 without written permission of the court. (11) Not use, possess, or control any illegal drug or controlled substance
unless it has been prescribed for the defendant by a licensed physician and is in the original container with the prescription number affixed on it; not knowingly associate with
any known or previously convicted users, possessors, or sellers of any such illegal drugs or controlled substances; and not knowingly be present at or frequent any place where
such illegal drugs or controlled substances are sold, kept, or used. (12) Supply a breath, urine, or blood specimen for analysis of the possible presence of prohibited drugs or
alcohol when instructed by the defendant's probation officer for purposes directly related to the probation supervision. If the results of the analysis are positive, the probationer
may be required to reimburse the Division of Adult Correction for the actual costs of drug or alcohol screening and testing.
If the defendant is to serve an active sentence as a condition of special probation, the defendant shall also: (13) Obey the rules and regulations of the Division of Adult Correction
governing the conduct of inmates while imprisoned. (14) Report to a probation officer in the State of North Carolina within seventy-two (72) hours of the defendant's discharge
from the active term of imprisonment.
SPECIAL CONDITIONS OF PROBATION - G.S. 15A-1343(b1); 20-179
15. Obtain a substance abuse assessment and all recommended education or treatment.
16. Surrender the defendant's drivers license to the Clerk of Superior Court for transmittal/notification to the Division of Motor Vehicles; and not
operate a motor vehicle until the defendant's driving privilege is restored by that Division, except as may be permitted in a limited privilege.
hours of community service during the first
days of the period of probation, as directed by the judicial service
17. Complete
coordinator. The fee prescribed by G.S. 143B-262.4 is
not due because it is assessed in a case adjudicated during the same term of court.
to be paid
pursuant to the schedule set out under Monetary Conditions above
within
days of this Judgment and
before beginning service.
18. Abstain from alcohol consumption for
days,
months, as verified by a continuous alcohol monitoring system of a type approved by
the Division of Adult Correction.
The defendant shall pay to the Clerk the fees associated with the system.
19. Other:
20. Comply with the Additional Conditions of Probation which are set forth on AOC-CR-603C, Page Two, attached.
[Check any that apply - G.S. 20-179(r)]
The probation officer may transfer the defendant to unsupervised probation upon completion of
by Special Condition No. 17 above.
payment of all fines, costs and fees required above.
the community service required
SPECIAL ALCOHOL CONCENTRATION FINDING
The defendant's alcohol concentration was 0.15 or greater.
Other:
.
ORDER OF COMMITMENT/APPEAL ENTRIES
1. It is ORDERED that the Clerk deliver two certified copies of this Commitment on Special Probation 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 JUDGE
Signature Of Presiding Judge
Name Of Presiding Judge (Type Or Print)
CERTIFICATION
I certify that this Judgment and the attachment(s) marked below are true and complete copies of the originals.
3. Restitution Worksheet, Notice And Order [Initial
1. Determination Of Sentencing Factors (AOC-CR-311, Rev. 12/11)
2. Judgment Suspending Sentence (AOC-CR-603C, Page Two)
Sentencing] (AOC-CR-611)
(additional conditions of probation)
4. Other:
Date
Date Certified Copies Delivered To Sheriff
Signature Of Clerk
Deputy CSC
Assistant CSC
CSC
SEAL
NOTE TO CLERK: If the defendant's conviction is based on a violation of an offense involving impaired driving while the defendant's drivers
license is revoked as a result of a prior impaired driving license revocation as defined in G.S. 20-28.2, report DWI
Defendant Registration Stop to DMV using menu item #9 in STARS. Also report the defendant's conviction to DMV in the
usual manner. If there is a non-defendant vehicle owner, report registration stop to DMV using menu item #10 in STARS
(unless the owner has been found to be an innocent owner).
AOC-CR-310C, Side Two, Rev. 1/12
© 2012 Administrative Office of the Courts
Material opposite unmarked squares is to be disregarded as surplusage.
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File No.
STATE VERSUS
Name Of Defendant
NOTE: Use this page in conjunction with AOC-CR-310C, “Impaired Driving - Judgment Suspending Sentence”; AOC-CR-603C, “Judgment
Suspending Sentence - Felony"; AOC-CR-604C, “Judgment Suspending Sentence - Misdemeanor"; AOC-CR-619C, “Conditional Discharge
Under G.S. 90-96(a)”; or AOC-CR-621C, “Conditional Discharge Under G.S. 14-50.29”; for offenses committed on or after Dec. 1, 2011.
COMMUNITY AND INTERMEDIATE PROBATION CONDITIONS - G.S. 15A-1343(a1)
NOTE: The conditions in this section may not be imposed for defendants placed on probation for a sentence under G.S. 20-179.
In addition to complying with the regular and any special conditions of probation set forth in the "Judgment Suspending Sentence" entered in the above
case(s), the defendant shall also comply with the following conditions of probation, which may be imposed for any community or intermediate punishment.
1. Submit to house arrest with electronic monitoring, remain at the defendant's residence for a period of
days,
months, and abide by all
rules, regulations and directions of the probation officer regarding such monitoring. The defendant may leave the residence for the following
purpose(s) and as otherwise permitted by the probation officer:
employment
counseling
a course of study
vocational training.
NOTE TO CLERK: Unless specifically ordered by the Court, do not assess the house arrest fee for this condition.
Other:
2. Complete _____ hours of community service during the first _____ days of the period of probation, as directed by the judicial service coordinator.
NOTE TO CLERK: Unless specifically ordered by the Court, do not assess the community service fee for this condition.
Other:
3. Submit to the following period(s) of confinement in the custody of the
Sheriff of this County.
local confinement facility).
and pay jail fees. The defendant shall report in a sober condition to serve the term(s) indicated below.
(other
NOTE: Periods of confinement imposed here must be for two-day or three-day consecutive periods, only, for no more than six days in a single month, and in no more
than three separate months during the period of probation. To impose special probation under G.S. 15A-1351, see INTERMEDIATE PUNISHMENTS, below.
Date
Hour
AM
PM for
2 days
3 days
Date
Hour
AM
PM for
2 days
3 days
Date
Hour
AM
PM for
2 days
3 days
Date
Hour
AM
PM for
2 days
3 days
Date
Hour
AM
PM for
2 days
3 days
Date
Hour
AM
PM for
2 days
3 days
Date
Hour
AM
PM for
2 days
3 days
Date
Hour
AM
PM for
2 days
3 days
Date
Hour
AM
PM for
2 days
3 days
4. Obtain a substance abuse assessment, monitoring or treatment as follows:
.
5. Participate in an educational or vocational skills development program as follows:
.
6. Submit to satellite-based monitoring, if required on the attached AOC-CR-615, Side Two.
INTERMEDIATE PUNISHMENTS - CONTEMPT
In addition to complying with the regular and any special, community or intermediate conditions of probation set forth in the “Judgment Suspending
Sentence” or herein for the above case(s), the defendant shall also comply with the following intermediate punishment(s) under G.S. 15A-1340.11(6).
1. Special Probation - G.S. 15A-1351
Contempt - G.S. 15A-1344(e1) and 5A-11(a)
For the defendant's active sentence as a condition of special probation, the defendant shall comply with these additional regular conditions of
probation: (1) Obey the rules and regulations of the Division of Adult Correction governing the conduct of inmates while imprisoned. (2) Report to a
probation officer in the State of North Carolina within seventy-two (72) hours of the defendant's discharge from the active term of imprisonment.
A. Serve an active term of
days
months
hours in the custody of the
N.C. DAC.
Sheri ff of this County.
Other:
B. The defendant shall report in a sober condition to begin serving his/her term on:
Day
Date
Hour
Day
and shall remain in
AM
custody until:
PM
Date
Hour
AM
PM
C. 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 until completion of the active sentence ordered.
D. This sentence shall be served at the direction of the probation officer within
days
months of this judgment.
F. Work release is recommended.
G. Substance abuse treatment is recommended.
E. Pay jail fees.
H. Other:
2. Drug Treatment Court - G.S. 15A-1340.11(3a); 15A-1340.11(6)
Comply with the rules adopted for the program as provided for in Article 62 of Chapter 7A of the General Statutes and report on a regular basis for
a specified time to participate in court supervision, drug screening or testing, and drug or alcohol treatment programs.
Other:
INTERMEDIATE CONDITIONS OF PROBATION - G.S. 15A-1343(b4)
If subject to intermediate punishment, the defendant shall, in addition to the terms and conditions imposed above, comply with the following intermediate conditions of probation.
(1) If required by the defendant’s probation officer, perform community service under the supervision of the Section of Community Corrections, and pay the fee required by
G.S. 143B-262.4, but no fee shall be due if the Court imposed community service as a special condition of probation and assessed the fee in this judgment or any judgment for an
offense adjudicated in the same term of court. (2) Not use, possess, or control alcohol. (3) Remain within the defendant’s county of residence unless granted written permission
to leave by the court or the defendant’s probation officer. (4) Participate in any evaluation, counseling, treatment, or educational program as directed by the probation officer,
keeping all appointments by abiding by the rules, regulations, and direction of each program.
AOC-CR-603C, Page Two, Rev. 1/12
© 2012 Administrative Office of the Courts
Material opposite unmarked squares is to be disregarded as surplusage.
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