Acknowledgment Of Rights-Class A Misdemeanor-DWI 3rd {NHJB-2855-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 3RD I, of have been charged with driving or operating under the influence of drugs or liquor, 3rd offense, a Class A Misdemeanor. I understand 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. 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. NHJB-2855-D (01/13/2017) Page 1 of 3 American LegalNet, Inc. www.FormsWorkFlow.com Case Name: Case Number: ACKNOWLEDGMENT OF RIGHTS CLASS A MISDEMEANOR DWI 3RD 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 indefinitely and shall not be restored for at least 5 years. At the end of the 5-year minimum revocation period I may petition the court for eligibility to reapply for a driver's license or privilege to drive. If my petition is granted and I am otherwise eligible for license restoration, I may then apply to the Director of the Division of Motor Vehicles for restoration of my driver's license or privilege to drive. My driver's license or privilege to drive shall not be restored by the Division of Motor Vehicles until I have completed the service plan developed by the Impaired Driver Care Management Program (IDCMP), and paid all relevant fees. 3) I shall be sentenced to a mandatory sentence of not less than 180 consecutive days in the county corrections facility (CCF), of which 150 days shall be suspended. I shall be referred to an IDCMP to schedule a full substance use disorder evaluation. 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. The remainder of the sentence may be deferred for a period of up to 2 years. The court may, at the satisfactory completion of any required treatment, suspend any remaining deferred sentence. 5) I shall be required to install, after the period of revocation, an alcohol ignition interlock device in any vehicle driven 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. PENALTIES FOR DRIVING DURING PERIOD OF LICENSE REVOCATION I understand if I am convicted of driving/attempting to drive a motor vehicle or operating/attempting to operate an OHRV or snowmobile in this state during the period of revocation of my driver's license or privilege to drive for driving or operating under the influence of drugs or liquor, first offense, subsequent offense or for aggravated driving while intoxicated, I shall be guilty of a CLASS A MISDEMEANOR, shall be sentenced to imprisonment for a period of not less than 7 consecutive 24 hour periods and may be sentenced to imprisonment for up to a maximum period of 1 year, shall be fined not more than $1,000.00, and shall have my driver's license or privilege to drive for an additional year. NOTE: I understand that I remain