NORTH CAROLINA                                                       IN THE GENERAL COURT OF JUSTICE

____________ COUNTY                                           DISTRICT COURT DIVISION

FILE NO.  

STATE OF NORTH CAROLINA

ORDER

___________________,

Defendant

____________________________________________________________________________

THIS CAUSE coming on to be heard and being heard before the undersigned Judge

Presiding over the District Court of ______ County, North Carolina, and the Court, upon the

Motion of the Defendant, enters the following:

FINDINGS OF FACT

 

1. Defendant was charged with driving while impaired. 

2. Defendant's blood was drawn to be tested for alcohol and for other potential

impairing substances.

3. The blood was sent to the State Bureau of Investigation or other testing facility

for testing.

4. Defendant has retained Marcus E. Hill as his attorney, and Mr. Hill has made a

general appearance for district court.

5. The ________ County district attorney's office has developed a practice of

monitoring its pending driving while impaired blood test cases with:

Acheckback@ dates.  Such dates are not set on the relevant officer's court dates,

and those dates are marked on the shuck as not for hearing.  No subpoena's are

issued.

6. Since Defendant's next court date is such a date (not the officer's court date and

not for hearing), and on that date a real date will be scheduled, Defendant's

counsel requests the Court to order that Defendant's presence is excused on that

date.

BASED ON THE FOREGOING FINDINGS OF FACT, THE COURT FINDS THE FOLLOWING:

CONCLUSIONS OF LAW

1.    That the Court has jurisdiction over the parties and the subject matter in this action.

2.    That this Court has reviewed the findings of fact and finds the same reasonable

       and justified under the circumstances.

WHEREFORE IT IS ORDERED, ADJUDGED AND DECREED AS FOLLOWS:

1.         This case is continued, not for hearing, to the _________ day of __________,

            20______. 

2.         Defendant's presence is excused on that date.

This is the __________day of__________________,20______________.

_____________________________

Judge Presiding