32-6-49.23
Section 32-6-49.23 Ineligibility for deferred prosecution program, diversion program, etc., upon charge of traffic law violation. 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. (Act 2006-622, p. 1704, §1.)...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/32-6-49.23.htm - 786 bytes - Match Info - Similar pages
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...
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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
12-17-226.2
Section 12-17-226.2 Applicants for admittance. (a) A person charged with a criminal offense specified in subsection (b) whose jurisdiction is in the circuit court or district court in a circuit in which a pretrial diversion program has been created pursuant to this division may apply to the district attorney of the circuit for admittance to the program. (b) A person charged with any of the following offenses may apply for the pretrial diversion program: (1) A drug offense, excluding sale of a controlled substance as provided in Section 13A-12-211, trafficking in controlled substances or cannabis as provided in Section 13A-12-231, manufacturing controlled substances in the first degree as provided in Section 13A-12-218, or trafficking in an analog controlled substance. (2) A property offense. (3) An offense that does not involve serious physical injury, death, a victim under the age of 14, or a sex offense involving forcible compulsion or incapacity of a victim. (4) A misdemeanor or...
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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...
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15-27-2
Section 15-27-2 Petition to expunge records - Felony offense. (a) A person who has been charged with a felony offense, except a violent offense as defined in Section 12-25-32, may file a petition in the criminal division of the circuit court in the county in which the charges were filed, to expunge records relating to the charge in any of the following circumstances: (1) When the charge is dismissed with prejudice. (2) When the charge has been no billed by a grand jury. (3)a. The charge was dismissed after successful completion of a drug court program, mental health court program, diversion program, veteran's court, or any court-approved deferred prosecution program after one year from successful completion of the program. b. Expungement may be a court-ordered condition of a program listed in paragraph a. (4) The charge was dismissed without prejudice more than five years ago, has not been refiled, and the person has not been convicted of any other felony or misdemeanor crime, any...
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12-14-91
Section 12-14-91 Admittance into program; completion of program; eligibility; liability under program. (a) A person charged with a criminal offense under the jurisdiction of the municipal court in a municipality that has established a pretrial diversion program may apply to the court for admittance to the program. (b) Upon receipt of the application and recommendation of the municipal prosecutor, the judge shall determine whether to grant the individual admittance to the program. (c) Upon admittance to the program, the individual shall be required to enter a plea of guilty at which time the case shall be placed in an administrative docket until such time as the offender has completed all requirements of the pretrial diversion program. Imposition of any sentence shall be deferred until such time as the offender completes the pretrial diversion program or is terminated from the program. (d) In the event the offender does not satisfactorily complete the program and all terms thereof, the...
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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...
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32-6-49.22
Section 32-6-49.22 Penalties. (a) Any person who violates Section 32-6-49.4 shall be guilty of a Class B misdemeanor and, upon conviction thereof, shall be sentenced or fined, or both, as provided by law. (b) No person charged with a violation of the commercial driver license laws of this state shall be eligible for any deferred prosecution program, diversion program, or any deferred imposition of judgment program. (Acts 1989, No. 89-878, p. 1759, §22; Act 2004-521, p. 1060, §1.)...
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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...
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