Fill and Sign the To Prove Aggravating Factors for Dwi in Superior Court State Form

STATE OF NORTH CAROLINA File No. f. e. (See REVERSE for Certificate Of Service) 2. 1. 3. all were off enses for which t he de fendan t's drivers lic ense was s ubject to revocati on. m. 1. 2. T he State int ends to prove t he followi ng: The State does no t int end to prove any agg ravati ng factors. l. k. j. i. h. f. g. e. d. b. c. a. A GG RAVATIN G FAC TORS - G.S. 20 -179 (d) at least one was an off ense for which at l east thr ee (3) points were assi gned unde r G.S. 20-16 and at least one was an off ense for which t he de fendan t's drivers lic ense was s ubject to revocati on. all were off enses for which at l east thr ee (3) points were assi gned unde r G.S. 20-16 . T he neg ligen t drivi ng of t he de fendan t led to an acci dent cau sing pe rsona l injury. T he de fendan t was drivi ng while t he de fendan t's drivers lic ense was revok ed. T he de fendan t had at least two prior c onvicti ons of a motor v ehicle off ense not involvi ng im paired drivi ng, which occurr ed within five (5) y ears of this off ense, and T he de fendan t's faculties were grossly im paired at t he time t he de fendan t was drivi ng. T he de fendan t had an alc oho l con c en trati on of at l east 0. 16 0. 15 (use fo r offenses co mmitt ed on o r afte r Decembe r 1, 2007) within a relev ant time after t he drivi ng. T he drivi ng of t he de fendan t was es pecially reckless. T he drivi ng of t he de fendan t was es pecially dange rou s. T he neg ligen t drivi ng of t he de fendan t led to an acci dent cau sing pr ope rty damage of $1,000 .00 or more, or pr operty da mage of any am ount to a v ehicle seiz ed pu rsuan t to G.S. 20-28 .3. The de fendan t ha s been con vict ed unde r G.S. 20-141 of s peed ing by at l east 30 m.p.h. over t he lega l limit. T he de fendan t ha s been con vict ed unde r G.S. 20-141 .5 of s peeding while fl eeing or attempti ng to el ude app rehen sion . T he de fendan t had at least one prior c onvicti on of an off ense involvi ng im paired drivi ng tha t occurr ed more t han sev en (7) y ea rs before t he da te of this off ense. T he de fendan t pa ssed a st opped schoo l bu s in violati on of G.S. 20-217 . A dd itiona l factors t hat agg ravate t he seri ousne ss of this off ense: 2. The State does no t int end to prove any grossly aggravati ng factors. Date Name Of Prosecutor (Type Or Print) Signature Of Prosecutor SIG NA TURE OF PROS ECUTOR g. i. h. drove, at t he time of t he curr ent off ense, while t he de fendan t's drivers lic ense was revok ed unde r G.S. 20-28 and the revocati on was an im paired drivi ng revocati on unde r G.S. 20-28 .2(a). drove, at t he time of t he curr ent off ense, while a child under the age of 16 yea rs was in t he veh icle. c au sed , by t he de fendan t's impaired drivi ng at t he time of t he curr ent off ense, seri ous injury to anothe r pe rson . b. c. d. a. 1. T he State int ends to prove t hat the de fendan t ha s been con vict ed of a prior off ense involvi ng im paired drivi ng which c onvicti on occurr ed within sev en (7) y ears before t he da te of this off ense. ha s been con vict ed of an off ense involvi ng im paired drivi ng which c onvicti on occurr ed after t he da te of t he off ense for which t he de fendan t is being sen ten ced bu t be fore or c ontem poraneou sly with t he sen ten cing in this case. ha s two or more c onvicti ons as descri bed in No. 1.a. ha s two or more c onvicti ons as descri bed in No. 1.c. Name Of Defendant Purs uant to G.S. 20-179 (a1 ), t he de fendan t is hereb y no tified tha t the State of North Caroli na int end s to prove t he exist ence of grossly agg ravati ng and agg ravati ng factors under G.S. 20-179 (c) and (d), as i ndicat ed be low. ST ATE VE RSUS GRO SSLY AGG RAVA TING FAC TORS - G. S. 20 -179 (c) NOTI CE OF G ROSSLY A GGRAVATING AND G. S. 20-179 Coun ty In The Gene ral Cou rt Of Justice S upe rio r Cou rt Di vis ion ha s a prior c onvicti on in District C ourt for an off ense involvi ng im paired drivi ng, the con victi on was appea led to S uperior C ou rt, t he appea l ha s been withdrawn or t he case has been remanded ba ck to District C ourt, and a new s enten cing hea ring for t he case has no t been he ld pu rsuan t to G.S. 20-38 .7. (App lies to o ffenses co mmitt ed on o r afte r Augus t 30 , 2007.) ha s two or more c onvicti ons as descri bed in No. 1.e. (Applies to o ffenses co mmitt ed on o r afte r Augus t 30 , 2007.) A GG RAVATING F ACTORS (D WI) (For Offenses Committed Before Dec. 1, 2011) AOC-CR-338, Rev. 8/07 © 2007 Administrative Office of the Courts deliveri ng a c opy pe rsona lly to t he defendan t's attor ney. defendan t. lea ving a c opy at t he office of t he de fendan t's attor ney with a partne r or employ ee. depo siting a c opy, en clos ed in a postpa id pr operly add ress ed en vel ope , in a post office or official depository under the exclusive care and cust ody of t he U. S. Postal Service direct ed to t he defendan t's attor ney defendan t at the add ress s hown be low. Othe r: Date Served CERTIFI CATE OF SE RVICE I certify t hat a c opy of this notice was serv ed by: Name And Title Of Person With Whom Copy Left Title Signature Of Person Serving Address Service acc epted by: ACCE PTANC E O F SE RVICE defendan t's attor ney. defendan t. Signature Of Person Accepting Service Date Service Accepted AOC-CR-338, Side Two, Rev. 8/07 © 2007 Administrative Office of the Courts