(a) The Municipal Court is authorized to participate in prejudgment alternative disposition for traffic offenses over which the Court has jurisdiction.
(b) Under a prejudgment disposition procedure authorized by subsection (a) hereof, if a person is found guilty of a traffic offense. the Municipal Court may, with the person’s consent, withhold for a reasonable time not to exceed ninety 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 one hundred dollars ($100.00) may be charged by the safety education instructor. 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 prejudgment 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-1-1 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 mandatory period of confinement in jail is required. (Ord. 2008-13. Passed 6-2-08.)