STATE OF NORTH CAROLINA IN THE GENERAL COURT OF JUSTICE
County of ______DISTRICT COURT DIVISION
STATE OF NORTH CAROLINA
FILE NO. ______
______
WAIVER AND PLEA
I, ______, the defendant in the above captioned matter of ______County, State of _____ hereby waive my right to personally appear before the District Court in the aforementioned County in North Carolina. I authorize attorneys from Sheffron Law Firm, PA to act as my attorney-in-fact (hereinafter attorney). If attorney is unable to have my case dismissed they are authorized to negotiate and enter a plea for me using their professional judgment and one in which they deem to be in my best interest. I understand if I desire a trial in this matter a separate agreement between myself and attorney is required and this Waiver and Plea is invalid. In making this waiver and plea, I specifically offer the following:
Please, answer and initial each statement that applies to you.
1. Commercial Driver’s License (CDL)
______a. I possess a commercial driver’s license
______b. I do not possess a commercial driver’s license
2. Prayer for Judgment Continued (PJC). Must be approved by a District Court Judge. No fines, no driving classes, and no points assessed against your license. If you are found guilty/responsible for another moving violation within 3 years (in N.C.) this matter can be counted as a conviction in NC by DMV and points can be added to your license. This option has no fine but there is a court cost of no more than $190.00
______a. I (or a member of my household) have received a PJC in NC in the last three (3) years for a traffic matter.
______b. I (and members of my household) have NOT received a PJC in NC in the last three (3) years for a traffic matter.
______c. I desire a PJC if applicable (not available for CDL holders or not available in all states)
3. Driving Class Must be approved by the Prosecutor. In most (non-aggravated) cases the charge is reduced to a non-moving violation. On-line courses are not accepted. No points are assessed against your license and the charge is not reported to other states. In addition to the cost of the driving class, this option mandates a fine in most cases under $50.00 plus court costs in most cases of no more than $240.00
______a. I have not attended a driving class in the last 3 years.
______b. I have attended a driving class in the last 3 years.
(if yes to above) I have attended the 4 hour driving class _____ times.
(if yes to above) I have attended the 8 hour driving class _____ times.
______c. I am willing to attend a driving class (on-line courses are not accepted) if requested by the Prosecutor or Court
______d. I am NOT willing to attend a driving class.
Compliance
In the event I do not comply with the negotiations attorney worked out for me (and have not requested and paid the additional attorney fee of $75.00 for a continuance prior to my next court date) I understand attorney may enter a plea for me using their professional judgment and one in which they deem to be in my best interest. I acknowledge the jurisdiction and authority of the District Court in and for the above captioned county, NC. I waive the reading of an information and of the filing of an information. I acknowledge that I have discussed all of my rights and options with my attorney and have no questions. I freely and voluntarily enter a plea with knowledge in the event my charge(s) is reduced but not dismissed, in addition to the pre-paid attorney fee I may be subject to possible fines, costs, and in certain cases required to completing a class-room driver education course in order to reduce the impact of the charges against me. I do expressly acknowledge I have a right to a trial and to examine witnesses who might be called to testify against me and waive said right to trial. I specifically understand and acknowledge no promises have been made to me regarding any certain outcome of this matter. I agree to cooperate and follow the instructions of attorney and have been advised to contact my local DMV and vehicle insurance company regarding any questions about license points and/or insurance. With knowledge of the foregoing I reiterate my Waiver and Plea. I understand failure to comply with the instructions of attorney and advise attorney of any address change may constitute a breach of contract and may result in additional attorney fees or terminate the attorney-client relationship. I understand attorney may withdraw and cease representing me should I fail to comply with their instructions. I consent to the destruction of my file one year following the final court date (disposition) in this particular matter. I have read the foregoing and agree to the terms and conditions therein.
This the _____ day of ______, 20______
Mailing Address
______
Client’s Signature City, State Zip
______
Home Telephone Cellular Telephone