Admittance into the pretrial diversion program is in the sole discretion of the city attorney. An offender deemed by the city attorney to be a threat to the safety or well being of the community shall not be eligible for the program. An offender charged with any of the following types of offenses shall be ineligible for admittance:

(1) Any offense involving violence or aggression resulting in injury to a law enforcement officer.

Terms Used In Alabama Code 45-31-84.04

  • Conviction: A judgement of guilt against a criminal defendant.
  • following: means next after. See Alabama Code 1-1-1
  • person: includes a corporation as well as a natural person. See Alabama Code 1-1-1
  • state: when applied to the different parts of the United States, includes the District of Columbia and the several territories of the United States. See Alabama Code 1-1-1
  • United States: includes the territories thereof and the District of Columbia. See Alabama Code 1-1-1
(2) Any offense involving eluding or attempting to elude a law enforcement officer.
(3) Any offense involving violence where weapons are used or where children are victims.
(4) Any driving under the influence charge where serious physical injuries are involved.
(5) Any offense wherein the offender is a public official and the charge is related to the capacity of the offender as a public official.
(6) The person may not hold a commercial driver license (CDL) issued in any state, any United States possession or territory, or any United States insular area, or has no conviction for which a commercial driver license was required.
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