Fill and Sign the After Hearing Impaired Driving Form

STATE OF NORTH CAROLINA c.The defendant has not been convicted of an offense involving impaired driving, but the def endant failed to appear at his/her scheduled trial for that offense, at least sixty (60) days have elapsed since the date sc heduled for that trial, and an order for the defendant's arrest has been issued and not set aside. The defendant is guilty of the offense involving impaired driving and at t he time of t he offense the defendant's drivers license was revoked as a result of a prior impaired driving license revocation as defined in G.S. 20-28.2(a). the defendant was driving without a valid drivers license and was not cov ered by an automobile liability insurance policy. b. The defendant has been convicted of an offense involving impaired driving and at the time of the offense the defendant was d riving without a valid drivers license and was not covered by an automobile liability insurance policy. Date Of Offense (Over) (See reverse side for im portant Notes.) NOTE: Use this form only to enter an order forfeiting a motor vehicle that was s eized under G.S. 20-28.3(a) (impaired driving seizure). County ORDER FORFEITING MOTOR VEHICLE A FTER HEARING - IMPAIRED DRIVING G.S. 20-28.2(b), (b1) & (d); G.S. 20-28.5 AOC-CR-335A, Rev. 12/13 © 2013 Administrative Office of the Courts Name Of Defendant Defendan t's Drivers License No. State This matter is before the Court to determine whether the vehicle described above (or proceeds related to the vehicle) shall be forfeited pursuant to G.S. 20-28.2. A hearing was held before the Court on this date. Based on the evidence presented and the entire record in this case, t he Court finds by the greater weight of t he evidence that: Vehicle Identification No. Vehicle Type MakeYear In The General Court Of Justice District Superior Cou rt Division Vehicle License No. State Date Of Seizure FINDINGS O F FACT ORDER It is ORDERED that t he vehicle described above be forfeited, transferred to the county board of education named above and, at the board's option, either sold pursuant to G.S. 20-28.5 or retained and registered by it with the Division of Motor Vehicles pursuant to this Order, and the Clerk of Superior Court shall disburse to the county board of education all funds being held by the Clerk representing proceeds of insurance or proceeds from the sale of t he motor vehicle. Signature Of Presiding Judge Name Of Presiding Judge (Type Or Print) Date The motor v ehicle was seized on the date shown above while being driv en by the defendant named above. The defendant was charged with an offense involving impaired driving and it was alleg ed that at the time of the violation the def endant's drivers license was revoked as a result of a prior impaired driving license revocation. the def endant was driving without a valid drivers license and was not covered by an automobile liability insurance policy. 1. The defendant has been convicted of an offense involving impaired driving and at the time of the offense the defendant's drivers license was revoked pursuant to an impaired driving license revocation as defined in G.S. 20-28.2(a). a. 5. The motor v ehicle has not been permanently released to a non-defendant motor v ehicle owner pursuant to G.S. 20-28.3(e1), a defendant owner pursuant to G.S. 20-28.3(e2), or a lienholder pursuant to G.S. 20-28.3(e3). 2. Pursuant to G.S. 20-28.2(c), the prosecutor has notified the def endant, each motor vehicle owner, and each lienholder that the motor v ehicle may be subject to forfeiture and that t he defendant, the motor vehicle owner, or the li enholder may intervene to protect that person's interest, and this notice was serv ed at least ten (10) days before the hearing, as shown by the Prosecutor's Notice Of Hearing And Certificate Of Service on file in this case. 3. Neither the defendant, a non-defendant motor v ehicle owner nor a lienholde r appeared at this hearing or petitioned for release of the v ehicle or, if any of them has so appeared or petitioned, all petitions have been denied. No non-defendant motor vehicle owner has been determined to be an innocent owner. 4. (Select appropriate option) CO NCLUSIONS O F LAW On the basis of t he foregoing findings of fact, t he Court concludes as a matter of law that the v ehicle described above (or proceeds related to the v ehicle) is subject to forfeiture pursuant to G.S. 20-28.2. File No. Deputy CSC Clerk Of Superior Court 2. The defendant named above gave notice of appeal to the appellate division from the conviction of the offense involving impaired driving found in the above Order. Purs uant to G.S. 20-28.5(e), enforcement of this Order is stayed pending determination of the appeal. NOTE TO CLERK: The Clerk shall repor t to DMV by electronic means [ STARS] the entry of an order of forfeiture. G.S. 20-28.8. The Clerk also may send a copy o f the order of forfeiture to the county school board attorney and district attorney. FURTHER NOTE TO CLERK: "Upon receipt of notice of conviction of a violation of an offense involving impaired driving while the person's license is revoked as a result of a prior impaired driving license revocation... [DMV] shall revoke the registration of all motor vehicles registered in the convicted person's name and shall no t register a motor vehicle in the convicted person's name until the convicted person's license is restored." G.S. 20-54.1(a). DMV shall also "revoke the registration o f the motor vehicle seized, and the owner [at the time of seizure] shall not be allowed to register the motor vehicle seized until the conv icted operator's drivers license has been restored." G.S. 20-54.1(b). To facilitate implementation o f these provisions, if Findings of Fact No. 5.a. in this Order is selected , the Clerk should enter the appropriate registration stop(s) into STARS. The clerk should not enter a registration stop against an owner who has been found to be an innocent owner as defined in G.S. 20-28.2. AOC-CR-335A, Side Two, Rev. 12/13 © 2013 Administrative Office of the Courts APPEAL ENTRIES The defendant named above in District Court gave notice of appeal from the conviction of the offense involving impaired driving found in the above Order. The issue of forfeiture shall be heard in Superior Court de novo. 1. Signature Of Presiding Judge Date Name Of Presiding Judge (Type Or Print) The foregoing is a true and correct copy of the original on file in this office. CERTIFICATION Signature Date Assistant CSC