32-5A-191
Section 32-5A-191 (Effective until July 1, 2023) Driving while under influence of alcohol, controlled substances, etc. (a) A person shall not drive or be in actual physical control of any vehicle while: (1) There is 0.08 percent or more by weight of alcohol in his or her blood; (2) Under the influence of alcohol; (3) Under the influence of a controlled substance to a degree which renders him or her incapable of safely driving; (4) Under the combined influence of alcohol and a controlled substance to a degree which renders him or her incapable of safely driving; or (5) Under the influence of any substance which impairs the mental or physical faculties of such person to a degree which renders him or her incapable of safely driving. (b) A person who is under the age of 21 years shall not drive or be in actual physical control of any vehicle if there is 0.02 percent or more by weight of alcohol in his or her blood. The Alabama State Law Enforcement Agency shall suspend or revoke the...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/32-5A-191.htm - 34K - Match Info - Similar pages
45-1-82.11
Section 45-1-82.11 Violations; waiver. (a) If the offender violates any condition of the pretrial diversion program agreed to in writing by the offender, the district attorney may terminate the participation of the offender in the pretrial diversion program and actively pursue prosecution of the offender for the crime or crimes charged. The offender shall be given written notice of the intent of the district attorney to terminate him or her from the pretrial diversion program, including the reason for the termination. Upon removal from the program, the offender shall be deemed to forfeit, for the use of the pretrial diversion program purposes provided for in this subpart, any fees paid for the admission into the pretrial diversion program. (b) The district attorney may waive a violation for good cause shown why the offender should stay in the pretrial diversion program. (Act 2006-89, p. 110, §12.)...
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45-12-82.11
Section 45-12-82.11 Violations; waiver. (a) If the offender violates any condition of the pretrial diversion program agreed to in writing by the offender, the district attorney may terminate the participation of the offender in the pretrial diversion program and actively pursue the prosecution of the offender for the crime or crimes charged. The offender shall be given written notice of the intent of the district attorney to terminate him or her from the pretrial diversion program, including the reason for the termination. Upon removal from the program, the offender will be deemed to forfeit, for the use of the pretrial diversion program purposes provided for in this part, any fees paid for the admission into the pretrial diversion program. (b) The district attorney may waive a violation for good cause shown why the offender should stay in the pretrial diversion program. (Act 2006-595, p. 1625, §12.)...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/45-12-82.11.htm - 1K - Match Info - Similar pages
45-16-82.31
Section 45-16-82.31 Violations; waiver. (a) If the offender violates any condition of the pretrial diversion program agreed to in writing by the offender, the district attorney may terminate the participation of the offender in the pretrial diversion program and actively pursue the prosecution of the offender for the crime or crimes charged. The offender shall be given written notice of the intent of the district attorney to terminate him or her from the pretrial diversion program, including the reason for the termination. Upon removal from the program, the offender will be deemed to forfeit, for the use of the pretrial diversion program purposes provided for in this subpart, any fees paid for the admission into the pretrial diversion program. (b) The district attorney may waive a violation for good cause shown why the offender should stay in the pretrial diversion program. (Act 2005-145, p. 249, §12.)...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/45-16-82.31.htm - 1K - Match Info - Similar pages
45-3-82.51
Section 45-3-82.51 Violations; waiver. (a) If the offender violates any condition of the pretrial diversion program agreed to in writing by the offender, the district attorney may terminate the participation of the offender in the pretrial diversion program and actively pursue the prosecution of the offender for the crime or crimes charged. The offender shall be given written notice of the intent of the district attorney to terminate him or her from the pretrial diversion program, including the reason for the termination. Upon removal from the program, the offender will be deemed to forfeit, for the use of the pretrial diversion program purposes provided for in this subpart, any fees paid for the admission into the pretrial diversion program. (b) The district attorney may waive a violation for good cause shown why the offender should stay in the pretrial diversion program. (Act 2007-499, p. 1058, §12.)...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/45-3-82.51.htm - 1K - Match Info - Similar pages
45-27A-30.11
Section 45-27A-30.11 Violations; waiver. (a) If the offender violates any condition of the pretrial diversion program agreed to in writing by the offender, the municipal prosecutor may terminate the participation of the offender in the pretrial diversion program and may actively pursue the prosecution of the offender for the offense or offenses or violation or violations charged. The offender shall be given written notice of the intent of the municipal prosecutor to terminate him or her from the pretrial diversion program, including the reason for termination. If removed from the program by the municipal prosecutor, the offender shall be deemed to forfeit, for pretrial diversion purposes provided for in this part, any fees paid in application for and admission into the pretrial diversion program. (b) At his or her discretion, the municipal prosecutor may waive a violation for good cause shown as to why the offender should be allowed to remain in the pretrial diversion program. (Act...
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45-28-82.22
Section 45-28-82.22 Applicants for admittance. (a) An offender charged with any of the following criminal offenses in a circuit court or district court may apply to the district attorney for admittance to the pretrial diversion program: (1) A drug offense, excluding trafficking in controlled substances or cannabis as provided in Section 13A-12-231, or manufacturing of controlled substances in the first degree as provided in Section 13A-12-218. (2) A property offense. (3) A misdemeanor. (4) A traffic or conservation offense, except that a holder of a commercial driver's license, an operator of a commercial motor vehicle, or a commercial driver learner permit holder who is charged with a violation of a traffic law in this state shall not be eligible for a deferred prosecution program, diversion program, or any deferred imposition of judgment program pursuant to Section 32-6-49.23. (b) An offender charged with any of the following offenses is ineligible for consideration for the pretrial...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/45-28-82.22.htm - 2K - Match Info - Similar pages
45-39-82.02
Section 45-39-82.02 Applicants for admittance. (a) An offender charged with any of the following criminal offenses in a circuit court or district court may apply to the district attorney for admittance to the pretrial diversion program: (1) A drug offense, excluding trafficking in controlled substances or cannabis as provided in Section 13A-12-231, or manufacturing of controlled substances in the first degree as provided in Section 13A-12-218. (2) A property offense. (3) A misdemeanor. (4) A traffic or conservation offense, except that a holder of a commercial driver's license, an operator of a commercial motor vehicle, or a commercial driver learner permit holder who is charged with a violation of a traffic law in this state shall not be eligible for a deferred prosecution program, diversion program, or any deferred imposition of judgment program pursuant Section 32-6-49.23. (b) An offender charged with any of the following offenses is ineligible for consideration for the pretrial...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/45-39-82.02.htm - 2K - Match Info - Similar pages
12-17-226.17
Section 12-17-226.17 Pretrial diversion offender database. (a) The Office of Prosecution Services shall develop and maintain a pretrial diversion offender database. Any existing or newly created pretrial diversion program, regardless of whether it was established by this division or created by local law, municipal ordinance, or other administrative action, or is an existing district attorney or municipal pretrial diversion program, shall be subject to this section. Upon entry into any pretrial diversion program, the district attorney or municipal prosecutor shall submit information, including the name, date of birth, and identifying personal vital information of a participating offender. The district attorney or municipal prosecutor shall also submit the criminal statute or municipal ordinance violated, a brief description of any underlying qualifying offense, and a brief description of the agreed upon disposition of the offense. If the offender was prematurely terminated from the...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/12-17-226.17.htm - 3K - Match Info - Similar pages
45-23-82.05
Section 45-23-82.05 Program requirements; records. (a) An offender who enters into the pretrial diversion program shall satisfy each of the following requirements: (1) The offender shall be eligible for and shall sign to have any bond on his or her case where diversion is sought based on personal recognizance, cash, or a property bond and not a security bond. (2) Voluntarily waive, in writing, and contingent upon the successful completion of the program, his or her right to a speedy trial. (3) Agree, in writing, to the tolling, while in the program, of periods of limitations established by statutes or rules of court. (4) Agree, in writing, to the conditions of the pretrial diversion program established by the district attorney. (5) If there is a victim of the crime, agree in writing to a restitution agreement within a specified period of time and in an amount to be determined by the district attorney taking into account circumstances of the offender and victim. (6) A statement by the...
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