(a) The Municipal Court is hereby authorized to participate in a pre-judgment alternative disposition for traffic offenses over which the Court has jurisdiction.
(b) Under a pre-judgment disposition procedure authorized by subsection (a) hereof, if a person is found guilty of a minor traffic offense of three points or less, the Municipal Court may, with the person's consent, withhold for a reasonable time not to exceed 90 days the entry of a judgment of conviction so that the person may attend a driver safety education course designated by the Municipal Court for which a fee not to exceed $ 30.00 may be charged by the safety education instructor with the total cost of the course not to exceed $150.00. If the person attends said course, the Municipal Court, if satisfied with the person's participation in the course, shall, without entering a judgment of conviction, dismiss the proceeding against the person.
(c) It shall be a condition of any pre-judgment alternative disposition authorized by the provisions of this section that the person pay any fine assessed by the court and pay all fees and costs required to be paid by any provision of the West Virginia Code as set forth in West Virginia Code § 8-11-5 where a person is convicted of a criminal traffic offense. Such fees and costs as are required to be collected by the West Virginia Code shall be transmitted by the Clerk of the Municipal Court as required by law.
(d) The procedure authorized by the provisions of this Section shall not be available to any person who:
(1) Holds a commercial driver's license issued by this State in accordance with Chapter Seventeen E [17E-l-1 et seq.] of the West Virginia Code, or who holds a commercial driver's license issued by any other state or jurisdiction;
(2) Is arrested while operating a commercial motor vehicle as defined in Chapter Seventeen E [17E-1-1 et seq.] of the West Virginia Code; or
(3) Is arrested for driving under the influence of alcohol or drugs or any other offense for which a period of confinement in jail is provided.
(Ord. 650. Passed 1-4-10.)