Acknowledgment Of Rights-Class A Misdemeanor DWI Aggravated {NHJB-2823-D}

THE STATE OF NEW HAMPSHIRE JUDICIAL BRANCH http://www.courts.state.nh.us Court Name: Case Name: Case Number: (if known) ACKNOWLEDGMENT OF RIGHTS - CLASS A MISDEMEANOR DWI AGGRAVATED I, of have been charged with Aggravated Driving Under the Influence of Drugs or Liquor, a Class A Misdemeanor. I understand that the complaint is one accusing me of a Class A Misdemeanor, and that I have the right to be represented by a lawyer of my own choosing and at my own expense, and that if I am unable to afford a lawyer the court will appoint one for me subject to an order of reimbursement based on my ability to pay. If I am not a citizen of the United States, I understand that conviction of the crimes(s) for which I intend to plead GUILTY or NO CONTEST may have immigration consequences, including but not limited to, deportation from the United States, exclusion from admission into the United States, or denial of naturalization pursuant to the laws of the United States. I am represented by , a lawyer admitted to practice in New Hampshire. I am satisfied with my lawyer and all explanations have been clear. I do not want a lawyer. I understand and know what I am doing. I hereby waive my right to a lawyer. I understand that I do not have to plead GUILTY or NO CONTEST and that even after signing this form I still do not have to plead GUILTY or NO CONTEST. I understand that by pleading GUILTY or NO CONTEST to the charge(s) that I am giving up the following constitutional rights as to the charge(s): MY RIGHT to a speedy and public trial. MY RIGHT to see, hear and question all witnesses. This gives me the opportunity and right to confront my accusers and cross-examine them myself or through my attorney MY RIGHT to present evidence and call witnesses in my favor and to testify on my own behalf. MY RIGHT to remain silent and not testify at a trial. MY RIGHT to have the judge ORDER into court all evidence and witnesses in my favor. MY RIGHT not to be convicted unless the State proves that I am guilty beyond a reasonable doubt with respect to all elements of the charge(s), which have been explained to me. MY RIGHT to keep out evidence, including confessions, illegally obtained. MY RIGHT to a trial before a jury and my right to appeal issues of law to the Supreme Court. I GIVE UP ALL THE ABOVE RIGHTS OF MY OWN FREE WILL I understand that by pleading GUILTY or NO CONTEST I am admitting to or not contesting the truth of the charge(s) against me in the complaint(s) and that upon the judge's acceptance of my GUILTY or NO CONTEST plea, a conviction(s) will be entered against me. NHJB-2823-D (01/13/2017) Page 1 of 4 American LegalNet, Inc. www.FormsWorkFlow.com Case Name: Case Number: ACKNOWLEDGMENT OF RIGHTS CLASS A MISDEMEANOR DWI AGGRAVATED No force has been used upon me, nor have any threats been made to me, by any member of the Prosecutor's Office or anyone else to have me enter this plea of GUILTY or NO CONTEST. No promises have been made to me by any member of the Prosecutor's Office or anyone else in an effort to have me enter this plea of GUILTY or NO CONTEST to the charge(s), except as follows: However, I understand that the judge is not bound by the Prosecutor's recommendation as to sentence, and that I may withdraw my plea if the judge exceeds the limits of the negotiated plea. I understand that upon the judge accepting my plea, the judge shall enter a finding of guilty and the following sentence will be imposed: 1) I shall be fined not less than $750.00 and not more than $2,000.00. 2) My driver's license or privilege to drive shall be revoked for not less than 18 months nor more than 2 years. I may seek suspension of up to 6 months of this sentence. My driver's license or privilege to drive shall not be restored unless I have completed the below referenced service plan and paid all relevant fees. 3) I shall be sentenced to a mandatory 17 consecutive days at the county correctional facility (CCF) of which 12 days shall be suspended. 4) A condition of the sentence suspension shall be that upon release from the CCF, I will be required to schedule a full substance use disorder evaluation with an Impaired Driver Care Management Program (IDCMP), specifically I shall be required to: a) schedule a substance use disorder evaluation within 30 days of release, b) complete the required substance use disorder evaluation within 60 days of release, and c) comply with the service plan developed. The IDCMP shall administer the substance use disorder evaluation and shall develop the service plan from that evaluation. During the CCF suspension period, any portion of the suspended sentence may be imposed if I do not comply with all of the requirements or if I become noncompliant with the service plan. 5) I shall be required to install, after the period of revocation, an alcohol ignition interlock device in any vehicle driven by me. The device shall be required for a period of not less than 12 months nor more than 2 years. I understand that I shall bear the cost of such installation and fees associated with the device. ENHANCED PENALTIES FOR PRIOR DWI OFFENSE WITHIN THE PAST 10 YEARS I understand that if I am convicted of driving or operating under the influence of drugs or liquor, first offense and the conviction is not based upon a complaint which alleges prior convictions, and I am found, upon examination of my motor vehicle record, to have had 1 or more prior convictions in the State of New Hampshire or any other state within 10 years preceding the date of the current offense, I shall be subject to enhanced penalties that include revocation of my driver's license or privilege to drive for not less than 1 year nor more than 3 years. I shall be referred to an Impaired Driver Care Management Program (IDCMP) to schedule a full substance use disorder evaluation. I shall be required to comply with the service plan that is developed from that evaluation. The court may suspend up to 6 months of this revocation period conditioned upon my scheduling of the required evaluation within 30 days of conviction or release, completing the evaluation within 60 days of conviction or release, compliance with the service plan developed from that evaluation, and payment of all relevant fees. NHJB-2823-D (01/13/2017) Page 2 of 4 American LegalNet, Inc. www.FormsWorkFlow.com Case Name: Case Number: ACKNOWLEDGMENT OF RIGHTS CLASS A MISDEMEANOR DWI AGGRAVATED PENALTIES FOR DWI 2ND OFFENSE WITHIN 10 YEARS FROM DATE OF CONVICTION If I am co