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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...
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
32-5A-195
Section 32-5A-195 Cancellation, suspension, or revocation of driver's license; grounds, procedure,
etc. (a) The Secretary of the Alabama State Law Enforcement Agency is authorized to cancel
any driver's license upon determining that the licensee was not entitled to the issuance thereof
or that the licensee failed to give the correct or required information in his or her application.
Upon such cancellation, the licensee must surrender the license so cancelled. If the licensee
refuses to surrender the license, he or she shall be guilty of a misdemeanor. (b) The privilege
of driving a motor vehicle on the highways of this state given to a nonresident shall be subject
to suspension or revocation by the Secretary of the Alabama State Law Enforcement Agency in
like manner and for like cause as a driver's license issued may be suspended or revoked. (c)
The Secretary of the Alabama State Law Enforcement Agency is further authorized, upon receiving
a record of the conviction in this state of a...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/32-5A-195.htm - 11K - Match Info - Similar pages
32-6-19
Section 32-6-19 Penalties - Violation by person whose license or driving privilege has been
cancelled, etc.; impoundment of vehicle. (a)(1) Any person whose driver's or chauffeur's license
issued in this or another state or whose driving privilege as a nonresident has been cancelled,
denied, suspended, or revoked as provided in this article and who drives any motor vehicle
upon the highways of this state while his or her license or privilege is cancelled, denied,
suspended, or revoked shall be guilty of a misdemeanor and upon conviction shall be punished
by a fine of not less than one hundred dollars ($100) nor more than five hundred dollars ($500),
and in addition thereto may be imprisoned for not more than 180 days. In addition to all fines,
fees, costs, and punishments prescribed by law, there shall be imposed or assessed an additional
penalty of fifty dollars ($50) to be placed in the Traffic Safety Trust Fund and the Peace
Officers Standards and Training Fund. Also, at the...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/32-6-19.htm - 4K - 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
12-23-3
Section 12-23-3 Definitions. For the purpose of this chapter, the following terms shall have
the meaning ascribed to them in this section: (1) ALCOHOL OR DRUG RELATED OFFENSES. All offenses,
including municipal ordinance violations, in which alcohol and drug abuse is determined from
the evidence to have been a factor in the commission of the offense including juveniles charged
with possession of controlled substances and adjudicated delinquent. (2) ALCOHOL ABUSE. The
use of alcohol to the extent that the health, safety or welfare of the user, or that of others,
is substantially impaired or endangered or the social or economic function of the user is
disrupted. (3) DRUG ABUSE. Use of a controlled substance or drug with abuse or addictive potential
to the extent that the user has lost the ability of self control, or to the extent that the
health, safety, or welfare of the user, or that of others, is substantially impaired or endangered,
or the social or economic function of the user is...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/12-23-3.htm - 3K - 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...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/12-17-226.2.htm - 3K - Match Info - Similar pages
20-2-190
Section 20-2-190 Penalties; sale of ephedrine, etc.; Alabama Drug Abuse Task Force. (a) Any
person who manufactures, sells, transfers, receives, or possesses a listed precursor chemical
violates this article if the person: (1) Knowingly fails to comply with the reporting requirements
of this article; (2) Knowingly makes a false statement in a report or record required by this
article or the rules adopted thereunder; (3) Is required by this article to have a listed
precursor chemical license or permit, and is a person as defined by this article, and knowingly
or deliberately fails to obtain such a license or permit. An offense under this subsection
shall constitute a Class C felony. (b) Notwithstanding the provisions of Section 20-2-188,
a person who possesses, sells, transfers, or otherwise furnishes or attempts to solicit another
or conspires to possess, sell, transfer, or otherwise furnish a listed precursor chemical
or a product containing a precursor chemical or ephedrine or...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/20-2-190.htm - 25K - Match Info - Similar pages
36-18-50
Section 36-18-50 Legislative findings. The Legislature finds, determines, and declares the
following: (1) Driving a vehicle while under the influence of alcohol or a controlled substance
continues to be a major problem on the highways of our state and causes the death or injury
of thousands of our citizens each year. (2) The Legislature should use whatever authority
is available to it to discourage driving a vehicle while under the influence of alcohol or
a controlled substance, including the levying of fines therefor at a level which will discourage
such activity. (3) Administering and implementing a quality chemical testing program for alcohol
and controlled substances is costly for the taxpayers and thus the convicted offender should
bear a greater portion of the financial burden of the chemical testing program at the state
and local level. (4) The chemical breath testing program conducted by this state has reduced
the number of deaths and injuries, and the program continues to be...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/36-18-50.htm - 2K - Match Info - Similar pages
32-5A-194
Section 32-5A-194 Chemical tests; admissible as evidence; procedure for valid chemical analyses;
permits for individuals performing analyses; persons qualified to withdraw blood; presumptions
based on percent of alcohol in blood; refusal to submit; no liability for technician. (a)
Upon the trial of any civil, criminal, or quasi-criminal action or proceeding arising out
of acts alleged to have been committed by any person while driving or in actual control of
a vehicle while under the influence of alcohol or controlled substance, evidence of the amount
of alcohol or controlled substance in a person's blood at the alleged time, as determined
by a chemical analysis of the person's blood, urine, breath, or other bodily substance, shall
be admissible. Where such a chemical test is made the following provisions shall apply: (1)
Chemical analyses of the person's blood, urine, breath, or other bodily substance to be considered
valid under the provisions of this section shall have been...
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