Program Description

90-96 Alcohol Education Program

  1. Goals and Objectives

To provide those charged with alcohol violations an opportunity to avoid further criminal involvement and maintain a clean record.

  1. Eligibility Criteria
    1. Defendant must have a misdemeanor alcohol related charge other than DWI or Provisional Licensee.
    2. Defendant must be at least 16 years of age.
    3. Defendant must have no previous alcohol convictions, including DWI.
  1. Intake Procedure
    1. Defendants are referred to the program by attorneys, prosecutors, judges and law enforcement officers.
    2. The prosecutor determines whether or not the client meets the eligibility criteria.
    3. Representatives from SouthLight interview, the defendants and law enforcementofficials involved in the case to determine eligibility.
    4. If deemed appropriate, prosecution is deferred by agreement between defendant and prosecutor, with the approval of the court, for six months pursuant to N.C.G.S. 15A-1341 (b) (2).
    5. Defendant will be assessed by a SouthLight representative to assign TASC. Specialist and complete required paperwork.
  1. Requirements

All individuals accepted into the 90-96 Alcohol Education Program must satisfy the following requirements in order to successfully complete the process:

    1. 1. Defendant must admit guilt
    2. Defendant must successfully complete drug education classes conducted by SouthLight.
    3. Defendant must pay $150 program fee to SouthLight and pay the cost of court to the clerk.
    4. Violate no penal law of any state or the Federal Government other than a minor traffic offense.
    5. Defendant must remain in school or work in some gainful employment.
    6. Defendant must maintain monthly contact with SouthLight representative.
    7. Abide by any reasonable requests made by the TASC Specialist.
    8. Other special conditions may be included.
  1. Supervision

SouthLight will be responsible for monitoring the defendant's compliance with all terms and conditions of the program requirements.

  1. Successful Completion/Termination

At the end of the six-month period, if all agreed conditions have been met and the defendant has not broken any laws, the original charge will be dismissed by the prosecutor in open in the presence of the defendant. If appropriate, the record will also be expunged. If at any time during the six-month period the defendant violates any of the conditions or is convicted of any other criminal activity, a judgment of guilt will be entered and a sentence imposed

http://www.ncga.state.nc.us/EnactedLegislation/Statutes/HTML/BySection/Chapter_90/GS_90-96.html 3-28-05

http://www.ncga.state.nc.us/EnactedLegislation/Statutes/HTML/BySection/Chapter_90/GS_90-96.1.html 3-28-05

http://www.ncga.state.nc.us/EnactedLegislation/Statutes/HTML/BySection/Chapter_15A/GS_15A-146.html 3-28-05

This is general information about Diversionary Programs for Alcohol violations and is not intended to be a substitute for legal advice as it relates to your particular situation. Consult with our office to discuss how your particular facts relate to the law.

 


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