Sec. 42-95. Deferral of proceedings and probation in cases of no previous conviction under section 42-89.
When any person who has not previously been convicted of any offense under section 42-89 pleads guilty to or is found guilty of a violation of section 42-89 charged as a misdemeanor, the court, without entering a judgment of guilt and with the consent of the accused, may defer further proceedings and place him/her on probation upon terms and conditions which terms shall include substance abuse screening at the cost of the accused. Upon violation of a term or condition, the court may enter an adjudication of guilty and proceed as otherwise provided. Upon fulfillment of the terms and conditions, the court shall discharge the person and dismiss the proceeding against him/her. Discharge and dismissal under this section shall be without adjudication of guilt and is not a conviction for purposes of this section or for purposes of disqualifications or disabilities imposed by law upon conviction of a city ordinance violation, including the additional penalties imposed for second or subsequent convictions under section 42-89. There may be only one discharge and dismissal under this section with respect to any person. The court shall maintain a non-public record of an arrest and discharge or dismissal for the purpose of showing that a defendant has once availed himself/herself of the provisions of this section.
(Ord. No. 163, 12-4-2007)