An individual who is at least eighteen (18) years old and has been charged with any of the following violations may file an Application with the Chief of Police requesting the opportunity to participate in the Alcohol Education Program:
The application must include a comprehensive list of the charges the individual seeks to have dismissed as a result of completing the Alcohol Education Program, and shall further state that:
(1) The Applicant agrees to comply with, and be bound by, all of requirements contained in this section and the terms and conditions established by the Chief of Police for the Alcohol Education Program;
(2) The Applicant has voluntarily executed the Application and fully understands all of the requirements of the Alcohol Education Program, and that the Applicant has sought advice of counsel to answer any questions which the Applicant may have concerning the Alcohol Education Program.
The Applicant shall notify the City Prosecutor and the Court of the filing of the Application. Upon receipt of notice from the Chief of Police that the charged individual has filed an Application to participate in the Alcohol Education Program, the City Prosecutor shall request that proceedings in the court case be stayed pending a decision by the Chief of Police on the Application, and if the Application is approved, the applicant's satisfactory completion of the Alcohol Education Program.
The Chief of Police will use his or her discretion to decide whether to approve the application and allow the charged individual to participate in the Alcohol Education Program. When making this decision, the Chief of Police shall consider the following factors:
(1) The specific facts and circumstances surrounding each particular case;
(2) Whether the offense was the result of circumstances likely to reoccur;
(3) Whether the accused has a history of prior delinquency or criminal activity;
(4) Whether the accused led a law-abiding life for a substantial time before commission of the alleged offense;
(5) Whether there exists substantial grounds tending to excuse or justify the alleged offense; and
(6) Any other information deemed relevant to the decision.
(a) An accused who enters the Alcohol Education Program shall do all of the following:
(1) Waive, in writing and contingent upon the accused's successful completion of the program, the accused's right to a speedy trial and all hearings; and
(2) Agree, in writing, to the tolling while in the Alcohol Education Program of all periods of limitation established by statutes or rules of court, that are applicable to the offense with which the accused is charged and to the conditions of the Alcohol Education Program established by the City of Oxford.
(3) Agree that no guarantee can be given that all charges will be dismissed.
(4) Agrees to pay any applicable court costs associated with the criminal offense and the City of Oxford Alcohol Education Program costs.
(b) The conditions of the program may consist of, but not be limited to not more than 20 hours of community service work; restitution; successful completion of an Alcohol Education Program approved by the Chief of Police (which may include, but not necessarily be limited to, attendance at alcohol education classes, counseling or additional activities related to alcohol education); and other types of programs related to the offense committed by the accused.
(c) In the event that an accused is assigned to community service work as part of the Alcohol Education Program, the Chief of Police may allow, based on exigent circumstances, an accused to pay $15.00 per community service hour to satisfy the community service requirements. Funds derived from the payment of $15.00 per community service hour shall be payable to the Law Enforcement Trust Fund.
(d) A fee of Three-Hundred and Fifty dollars ($350.00) will be assessed to program participants to defer the cost and expense incurred by the operation of and participation in the Alcohol Education Program. In case of economic hardship the Chief of Police may use his or her discretion to waive any portion of this fee. Funds derived from the Program Fee, less the cost of tuition to attend the Alcohol Education Program, shall be payable to the Enforcement and Education Fund.
(e) The Chief of Police shall notify the City Prosecutor that the Applicant has successfully completed the program and will make a recommendation to have all or specific charges dismissed.
(f) Following the Applicant's successful completion of the Alcohol Education Program and based upon the recommendation of the Chief of Police, the City Prosecutor shall recommend to the trial court that the charges against the Applicant, as delineated in the Application and the recommendation of the Chief of Police, be dismissed, and the court, upon the recommendation of the prosecuting attorney, shall dismiss the charges. The accused may still continue to be charged with other charges not specifically Alcohol related.
(g) The Alcohol Education Program has no effect or impact on any disciplinary or legal matters brought against the accused by Miami University.
(Ord. 3081. Passed 9-15-09.)
(Ord. 3081. Passed 9-15-09.)