45-16-82.22
Section 45-16-82.22 Applicants for admittance. (a) A person charged with a criminal offense specified in this section whose jurisdiction is in the Circuit or District Court of the Twelfth Judicial Circuit may apply to the District Attorney of the Twelfth Judicial Circuit for admittance to the pretrial diversion program. (b) A person charged with any of the following offenses may apply for admission into the program: (1) A traffic offense, other than driving under the influence (DUI), or a traffic offense charged to a commercial driver license holder, whether or not the holder was operating a commercial motor vehicle at the time of the offense. (2) A property offense. (3) An offense wherein the victim did not receive serious physical injury. (4) An offense in which the victim was not a child under 14 years of age, a law enforcement officer, a school official, or a correctional officer. (5) A misdemeanor other than one specifically excluded in this section. (6) A violation classified...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/45-16-82.22.htm - 2K - Match Info - Similar pages
45-27A-30.02
Section 45-27A-30.02 Applicants for admittance. (a) A person charged with a criminal offense or violation as specified in this section within the jurisdiction of the municipal court may apply with the municipal prosecutor for admittance into the pretrial diversion program. (b) A person charged with any of the following may apply for admission into the program: (1) A traffic offense, other than driving under the influence. (2) A property offense. (3) An offense wherein the victim did not receive serious physical injury. (4) An offense in which the victim was not a child under 14 years of age, a law enforcement officer, a school official, or a correctional officer. (5) A misdemeanor other than one specifically excluded in this section. (6) A violation classified under this code. (7) A violation or offense classified under the Municipal Code of the City of Brewton. (c) The following offenses are ineligible for consideration for the pretrial diversion program: (1) Any offense involving the...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/45-27A-30.02.htm - 2K - Match Info - Similar pages
45-3-82.42
Section 45-3-82.42 Applicants for admittance. (a) A person charged with a criminal offense specified in subsection (b) whose jurisdiction is in the circuit or district court of the Third Judicial Circuit may apply to the District Attorney of the Third Judicial Circuit for admittance to the pretrial diversion program. (b) A person charged with any of the following offenses may apply for the program: (1) A traffic offense, other than driving under the influence (DUI) or a traffic offense charged to a commercial driver's license holder, whether or not the holder was operating a commercial motor vehicle at the time of the offense. (2) A property offense. (3) An offense wherein the victim did not receive serious physical injury. (4) An offense in which the victim was not a child under 14 years of age, a law enforcement officer, a school official, or a correctional officer. (5) A misdemeanor other than one specifically excluded in this section. (6) A violation classified under the Code of...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/45-3-82.42.htm - 2K - Match Info - Similar pages
45-34-82.02
Section 45-34-82.02 Applicants for admittance. (a) A person charged with a criminal offense specified in this subsection whose jurisdiction is in the Circuit or District Court of the Twentieth Judicial Circuit may apply to the District Attorney of the Twentieth Judicial Circuit for admittance to the pretrial diversion program. (b) A person charged with any of the following offenses may apply for the program: (1) A traffic offense, other than driving under the influence (DUI) or a traffic offense charged to a commercial driver license holder, whether or not the holder was operating a commercial motor vehicle at the time of the offense. (2) A property offense. (3) An offense wherein the victim did not receive serious physical injury. (4) An offense in which the victim was not a child under 14 years of age, a law enforcement officer, a school official, or a correctional officer. (5) A misdemeanor other than one specifically excluded in this section. (6) A violation classified under this...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/45-34-82.02.htm - 2K - Match Info - Similar pages
9-11-396
Section 9-11-396 Penalties for violations of provisions of article, etc.; powers of law enforcement officers, etc., as to enforcement of article, etc.; custody and disposition of equipment, etc., seized in connection with violations of article, etc.; disposition of moneys arising from fines and forfeitures. (a) Any person who violates a provision of this article or any regulation promulgated pursuant to this article or of the Marine Mammal Protection Act of 1972 or regulation promulgated thereunder or who fails to procure or violates the terms of any permit issued pursuant thereto shall, upon conviction, be fined not less than $50.00 nor more than $500.00 or be imprisoned not more than six months or both. (b) Any officer employed and authorized by the commissioner or any law enforcement officer of the state or of any municipality or county within the state shall have authority to conduct searches as provided by law and to execute a warrant to search for and seize any equipment,...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/9-11-396.htm - 2K - Match Info - Similar pages
12-17-226
Section 12-17-226 Definitions. For purposes of this division, the following terms shall have the following meanings: (1) ADMINISTRATION FEE. A fee imposed by the district attorney as a condition precedent to participation in a pretrial diversion program. (2) COMMUNITY SERVICE. Work imposed as a condition of a pretrial diversion program that is intended for the common good of the community or to assist in restoration of the victim. Community service should further serve to rehabilitate an offender. (3) DISTRICT ATTORNEY. The district attorney of the judicial circuit or his or her designee, so designated to fulfill the goals, purposes, and objectives of this division. (4) LAW ENFORCEMENT or LAW ENFORCEMENT OFFICER. As defined in Section 41-8A-1 or 36-25-1, whether employed in this state or elsewhere. (5) OFFENDER. Any person who has been charged with a criminal offense, including, but not limited to, any felony, misdemeanor, violation, or traffic offense, as defined in the Code of...
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13A-10-132
Section 13A-10-132 Crimes in connection with sham legal process, etc. (a) For the purposes of this section, the following terms shall have the following meanings: (1) LAW ENFORCEMENT OFFICER. The same as defined in Section 13A-10-1. (2) LAWFULLY ISSUED. Adopted, issued, or rendered in accordance with the applicable statutes, rules, regulations, and ordinances of the United States, a state, an agency, or a political subdivision of a state. (3) SHAM LEGAL PROCESS. The issuance, display, delivery, distribution, reliance on as lawful authority, or other use of an instrument that is not lawfully issued, whether or not the instrument is produced for inspection or actually exists, which purports to be any one of the following: a. A summons, subpoena, judgment, lien, arrest warrant, search warrant, or other order of a court of this state, a peace officer, or a legislative, executive, or administrative agency established by state law. b. An assertion of jurisdiction or authority over or...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/13A-10-132.htm - 3K - Match Info - Similar pages
32-5A-191.3
Section 32-5A-191.3 Operation of vessel and other marine devices while under influence of alcohol or controlled substances. (a) A person shall not operate or be in actual physical control of any vessel, or manipulate any water skis, aquaplane, or any other marine transportation device on the waters of this state, as the waters are defined in Section 33-5-3, under any condition in which a person would be guilty of driving under the influence of alcohol or drugs pursuant to Section 32-5A-191 if the person was driving or controlling a motor vehicle. (b) In the case of a vessel or other marine device described in subsection (a), where a law enforcement officer has probable cause to believe that the operator of the vessel or other marine device is operating in violation of this section, the law enforcement officer is authorized to administer and may test the operator, at the scene, by using a field breathalyzer or other approved device, as a screening device, to determine if the operator...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/32-5A-191.3.htm - 4K - Match Info - Similar pages
45-42-82.43
Section 45-42-82.43 Ineligibility for program. Admittance into the pretrial diversion program is in the absolute discretion of the district attorney. However, an offender deemed by the district attorney to be a threat to the safety or well-being of the community shall not be eligible for the program. Further, an offender charged with the following offenses shall be ineligible for admittance: (1) A Class A felony or capital offense. (2) An offense which intentionally, knowingly, or recklessly resulted in death or serious physical injury to a person. (3) An offense involving the use of a deadly weapon. (4) Chemical endangerment of a child. (5) An offense involving violence in which the victim was a child under 14 years of age, a law enforcement officer, a school officer, a correctional officer, active duty military personnel of the United States Armed Forces, or an elderly person over the age of 65. (6) An offense involving violence in which the victim was an employee of any school...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/45-42-82.43.htm - 2K - Match Info - Similar pages
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
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