Free NHJB-2092-D - New Hampshire

THE STATE OF NEW HAMPSHIRE
JUDICIAL BRANCH
http://www.courts.state.nh.us

Court Name: Case Name: Case Number:
(if known)

ACKNOWLEDGMENT AND WAIVER OF RIGHTS DWI ­ FIRST OFFENSE
The statements made below shall apply to each and every complaint, if there be more than one, to which I intend to plead guilty or no contest.
Date

I,

of

have been

charged with OPERATING UNDER THE INFLUENCE, FIRST OFFENSE, a CLASS B MISDEMEANOR. I understand that I may be represented by a lawyer of my own choosing and at my own expense. 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 being represented by 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 complaint that I am giving up the following constitutional rights as to the charge: 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 face the witnesses against me and question 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, which have been explained to me. MY RIGHT to keep out evidence, including confessions, illegally obtained. MY RIGHT to appeal to the Supreme Court on issues of law. 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 against me in the complaint and that on the judge's acceptance of my GUILTY or NO CONTEST plea, a conviction 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. 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, 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 a negotiated plea.
NHJB-2092-D (08/06/2008) Page 1 of 3

Case Name: Case Number: ACKNOWLEDGEMENT AND WAIVER OF RIGHTS DUI ­ FIRST OFFENSE

I understand as a consequence of my plea of GUILTY or NO CONTEST that the judge may impose such sentence as in his/her discretion s/he considers appropriate, subject, however, to those limits prescribed by law. I understand that the complaint is one accusing me of OPERATING UNDER THE INFLUENCE, FIRST OFFENSE, A CLASS B MISDEMEANOR. I shall be fined not less than $500 and my driver's license or privilege to drive shall be revoked for not less than 9 months or more than 2 years. The court may suspend up to 6 months of this revocation or suspension provided I have entered into the relevant driver intervention program required within 45 days of conviction or as soon thereafter as any extenuating circumstances approved by the department of health and human services allow. If I am under the age of 21 I shall have my license revoked/suspended for not less than 1 year. I will be required to furnish proof of successful completion of an impaired driver intervention program prior to the restoration of my driver's license or privilege to drive. I understand that if I am convicted of OPERATING UNDER THE INFLUENCE, FIRST OFFENSE and I am found, upon examination of my motor vehicle record, to have had one or more prior convictions in New Hampshire or another state within 10 years preceding the date of the second or subsequent offense, I shall be subject to enhanced penalties that include license or privilege to drive revocation for not less than 1 year up to 3 years. In addition, I understand that I shall be required to successfully complete an approved seven-day residential intervention program or residential treatment program for a period not to exceed 30 days, at my own expense. If I am convicted of a second offense of operating under the influence with prior conviction within 2 years preceding the date of the second offense, I shall be guilty of a CLASS A MISDEMEANOR, and sentenced to confinement for not less than 37 consecutive days of which 30 consecutive 24-hour periods shall be served in the county correctional facility followed by 7 consecutive days to be served at the state operated seven- day DWI offender intervention detention center within 21 days of conviction. I shall be fined not less than $750 and my license/privilege to drive shall be revoked for not less than 3 years. I must also follow treatment recommendations arising out of the final evaluation given at the multiple DWI offender intervention detention center or equivalent program. I must pay for the cost of the seven-day program prior to license restoration. If I leave the program before completion and fail to return and complete it as soon thereafter as extenuating circumstances approved by the department of health and human services allow, or if I fail to begin following treatment recommendations within the time required I shall be in contempt of court and I shall serve a minimum of 30 days in the county correctional facility. If I am convicted of a second offense of operating under the influence with a prior conviction more than 2 years but not more than 10 years preceding the date of the second offense, I shall be guilty of a CLASS A MISDEMEANOR and sentenced to confinement for not less than 10 consecutive days of which 3 consecutive 24hour periods shall be served in the county correctional facility and 7 consecutive days shall be served at the state operated seven-day DWI offender intervention detention center within 21 days of conviction. I shall be fined not less than $750 and my license/privilege to drive shall be revoked for not less than 3 years. I must also follow treatment recommendations arising out of the final evaluation given at the multiple DWI offender intervention detention center or equivalent program. I must pay the cost of the seven-day program prior to license restoration. If I leave the program before completion and fail to return and complete it as soon thereafter as extenuating circumstances approved by the department of health and human services allow, or if I fail to begin following treatment recommendations within the time required I shall be in contempt of court and I shall serve a minimum of 30 days in the county correctional facility. If I am convicted of driving after revocation of my license for operating under the influence, first offense, I shall be guilty of a CLASS A MISDEMEANOR, shall be sentenced to imprisonment for a period of not less than seven days and may be sentenced to imprisonment for up to a maximum period of one year, shall be fined not more than $1,000 (RSA 263:64, (IV)) and shall have my license and/or right to operate revoked for an additional year. In addition, I shall be required by the Court to install an ignition interlock device, at my own expense, in any vehicle registered to me or used by me on a regular basis for the remaining period of revocation or suspension plus an additional period of not less than 12 months nor more than two years.

NHJB-2092-D (08/06/2008)

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Case Name: Case Number: ACKNOWLEDGEMENT AND WAIVER OF RIGHTS DUI ­ FIRST OFFENSE

Should I be convicted of driving while under the influence of drugs or liquor second or subsequent offense, the Court shall require me to install, after the period of revocation or suspension, an ignition interlock device in any vehicle registered to me or used by me on a regular basis. The device shall be required for a period of not less than 12 months nor more than two years. I understand that I shall bear the cost of installation and fees associated with the device. I further understand that the complaint against me is a violation of the motor vehicle laws; and if I should have a record of as few as two other motor vehicle convictions, the State may seek to have me declared a HABITUAL OFFENDER; and as a consequence of being declared a habitual offender, I would lose my license to operate for four years. I realize that if I am found to be a habitual offender, it is my responsibility, at the end of the four-year period, to petition the Director, Division of Motor Vehicles, to restore my privilege to drive a motor vehicle. I understand that if I were to operate during that four-year period, or any time before my privilege to drive a motor vehicle is restored, then I would be subjecting myself to a mandatory prison term of not less than one year and no more than five years. I understand the nature of the charge against me, and the maximum punishment that may be imposed. I am not under the influence of alcohol or drugs. I understand the entire contents of this Acknowledgment of Rights, and I freely and voluntarily sign this form below. I also understand that I may have a copy of this form upon request.

Date

Defendant Highest Grade / Level of Education Completed

As counsel for the defendant, I have thoroughly explained to the defendant all the above, including the nature of the charge, the elements of the offense which the State must prove beyond a reasonable doubt, and the maximum and minimum penalties. I believe the defendant fully understands the meaning of this Acknowledgment of Rights, that s/he is not under the influence of drugs or alcohol, and that s/he knowingly and intelligently waives all of his/her rights as set forth in this form.

Date

As Counselor for the Defendant

I hereby certify that I have examined the Defendant concerning the plea entered in this case. Based upon that examination, I find that the Defendant understands the nature of the charge made against him/her, the minimum and maximum penalties which may be imposed therefore, and the elements of the offense; and I find that the Defendant is not under the influence of drugs or alcohol, and that s/he intelligently, knowingly and voluntarily has waived each of the rights set forth on this form. I further find there is a factual basis for the Defendant's plea.

Date

Presiding Judge

NHJB-2092-D (08/06/2008)

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