§ 303.16. Traffic test; prejudgment alternative disposition of certain traffic offenses.

(a)

In accordance with W. Va. Code § 8-11-5, the City of Hurricane and its Municipal Court does hereby establish a prejudgment alternative disposition procedure for persons found guilty of, or pleading nolo contendere (no contest) to, certain traffic offenses.

(b)

Under the procedure authorized above, persons found guilty of, or pleading no contest to, certain traffic offenses may request the Municipal Court withhold, for a period not to exceed 90 days, the entry of a judgment of conviction to permit the person to complete a driver safety education course designated by the Chief of Police and approved by the Municipal Court. If the person attends and completes said course to the satisfaction of the court, the court shall, without entering a judgment of conviction, dismiss the proceeding against the person.

(c)

It is the responsibility of the person requesting the alternative disposition to provide proof of satisfactory course completion to the court in not more than 90 days. Failure to provide the proof in the time allowed will result in the entry of the judgment of conviction.

(d)

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 this Code where a person is convicted of a criminal traffic offense. The Municipal Court shall collect such fees and costs as are required by any provision of this Code and transmit the moneys collected as required by law. Additionally, the person shall pay an administrative fee of up to $100.00 as well as any course fees and/or instructor fees associated with the approved driver safety education course.

(e)

This procedure is available to persons convicted of certain minor traffic offenses including, but not limited to, exceeding posted speed limits, failure to obey traffic control devices, and other similar offenses. The decision to grant a request for prejudgment alternative disposition is that of the Municipal Court.

(f)

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 or by any other state or jurisdiction;

(2)

Is arrested while operating a commercial motor vehicle as defined in chapter 17E of the W. Va. Code;

(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; or

(4)

Persons who have previously requested prejudgment alternative disposition within the previous two years.

(Code 1991, § 303.16; Ord. of 10-3-1994; Ord. of 4-21-2009)

Editor's note

Ord. of 4-21-2009 changed the title of section 303.16 from "Traffic school" to "Traffic test; prejudgment alternative disposition of certain traffic offenses." The historical notation has been preserved for reference purposes.