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. (Over) American LegalNet, Inc. www.FormsWorkFlow.com . 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. American LegalNet, Inc. www.FormsWorkFlow.com 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. (Over) American LegalNet, Inc. www.FormsWorkFlow.com American LegalNet, Inc. www.FormsWorkFlow.com