Fill and Sign the Detention of Impaired Driver Form

DateF ile No. STATE OF NORTH CAROLINA Time Time T he pe riod of deten tion unde r this Or der s hall no t exceed tw enty-f our (24 ) hours. a sober, responsible adult is willi ng and able to assume r esponsibility for t he de fendan t un til t he de fendan t's physical and mental faculties are no longe r impaired . 2. DETENT ION O RD ER Bas ed upon the foregoi ng find ing s, t he unde rsigned jud icial official ORDERS t hat the de fendan t be de tained in t he cust ody of t he She riff un til an appr opriate j udicial official determi nes tha t t he de fendan t's physical and mental faculties are no longe r impaired to t he ext ent tha t the defendan t presents a dange r of physical injury to t he de fendan t or others or of damage to property if t he de fend ant is rel eased or 1. Clerk Of Superior Court Di strict Court Judge Superior Court Judge Magistrate Deputy CSC Assistant CSC PM AM Signature Of Judicial Official t he de fendan t's physical and mental faculties are no longe r impaired to t he ext ent tha t the defendan t presents a dange r of ph ysical injury to t he defendan t or others or of damage to property if t he de fendan t is released . (name) , a sober, responsible adult, has ind icat ed by si gning be low t hat he /she is willi ng and able to assume r esponsibility for t he de fendan t un til t he de fendan t's physical and mental faculties are no longe r impaired . t he pe riod of deten tion ha s r eached tw enty-f our (24 ) hours. T he unde rsigned jud icial official ORDERS t hat the de fendan t be rel eased from t he de ten tion or der en ter ed abov e becau se By si gning immediately below, I certify t hat I am a s ober, responsible person , age 18 or ol der, w ho is willi ng and able to assume responsibility for t he de fendan t un til t he de fendan t's physical or m ental faculties are no longe r impaired . 1. 3. 2. RELEASE FROM DETENT ION O RDER Date Date The conditi ons, if any, of t he de fendan t's pretrial rel ease are c ontain ed on form AOC-CR-200. Signature Of Judicial Official PM AM Cl erk Of Superior Court Di strict Court Judge Superior Court Judge Magistrate Deputy CSC Assistant CSC Signature Of Sober Responsible Adult Name Of Defendant AOC-CR-270, Rev. 4/14 © 2014 Administrative O ffice of the Courts Date Of Birth In T he Gener al Cou rt Of Justice Coun ty District Super ior Court Divis ion T he de fendan t ha s been cha rged with an off ense invol ving im paired driv ing as defined in G.S. 20-4. 01(24a). 1. T he unde rsigned jud icial official conducting an initial appea ran ce for t he de fendan t na med above fi nds the followi ng by cl ear and c on vinc ing evidence: DETENTION OF IMPAIRED DRIVER STATE VERSUS G.S. 15A-534.2, 20-38.4 FIND INGS At t he time of t he de fendan t's initial appearan ce, t he im pairm ent of t he de fendan t's physical or m ental faculties presents a danger, if t he de fendan t is released , of physical injury to t he defendan t or others or damage to property in t hat (specify reasons) : 2. NOTE: “If there is a finding of prob able cause, the magistrate shall consider whether the person is impaired to the extent that the provisions of G.S. 15A -534.2 should be imposed.” G.S. 20-38.4(a)(3). NOTE: If a defend ant c harged with an impli ed con sen t off ense is unable to make bond, t he mag istrate must (1) inform t he de fend ant in writing of t he est ablished procedure to have ot hers app ear at t he jail to observe t he de fend ant's conditi on or administer an additional c hemical analysis and (2) require t he de fend ant to list all person s the de fend ant wis hes to c ontact and t heir tel epho ne numbe rs. Use form AOC-CR-271 for this purpose. A c opy of this form must be plac ed in t he case file. G.S. 20- 38.4(a)(4). Datepublic health officials have completed their investigation and testing, if any, under G.S. 130A-144 and G.S. 130A-148. File No. STATE OF NORTH CAROLINA the period of detention has reached twenty-four (24) hours. The undersigned judicial official ORDERS that the defen dant be released from the detention order entered above because Date 1. 2. Clerk Of Superior Court District Court Judge Superior Court Judge Magistrate Deputy CSC Assistant CSC PM AM Clerk Of Superior Court District Court JudgeSuperior Court Judge Magistrate Deputy CSC Assistant CSC PM AM Signature Of Judicial Official Time RELEASE FROM DETENTION ORDER The conditions, if any, of the defendant's pretrial release are contained on form AOC-CR-200. Signature Of Judicial Official Time DETENTION ORDER Based upon the foregoing findings, the undersigned judicial offi cial ORDERS that the defendant be detained in the custody of the Sheriff to al low for investigation by public health officials and for testing for AIDS virus infection and Hepatitis B infection if required by public health officials pursuant to G.S. 130A-144 and G.S. 130A-148. The period of detention under this Order shall not exceed twenty-four (24) hours. Name Of Defendant Date Of Birth In The General Court Of Justice County District Superior Court Division AOC-CR-270, Side Two, Rev. 4/14 © 2014 Administrative Office of the Courts The undersigned judicial official conducting an initial appe arance or first appearance for the defendant named above finds probable cause that an individual had a nonsexual exposure to the defendant in a manner that poses a significant risk of transmission of the AIDS virus or Hepatitis B by the defendant to t he individual in that (specify reasons): DETENTION FOR COMMUNICABLE DISEASE TESTING STATE VERSUS G.S. 15A-534.3 FINDINGS [ NOTE: Do not include any informat ion indicat ing that the defendant has or may have a c ommunicable disease. Describe only the nature of the exposure that would pose a significant risk of transmission of the AIDS or Hepatitis B virus if the defendant were infected. Note that mere contact of the defendant’s bodily fluids with a subject’s clothing or unbroken skin does not pose a significant risk of transmission of either virus. A significant risk of transmission occurs when the defendant’s bodily fluids come into contact with the subject’s broken skin or mucous membranes. For example, a bite by the defendant that does not break the subject’s skin does not pose a significant risk of transmission. Contact that may pose a significant risk includes things like a needlestick or a bite that actually breaksthe subject’s skin. ]