§ 5-65-308 - No probation prior to adjudication of guilt.
5-65-308. No probation prior to adjudication of guilt.
(a) (1) Section 16-93-301 et seq. allows a circuit court judge, district court judge, or city court judge to place on probation a first offender who plead guilty or nolo contendere prior to an adjudication of guilt, and upon successful completion of probation, the circuit court judge, district court judge, or city court judge may discharge the accused without a court adjudication of guilt and expunge the record.
(2) (A) No circuit court judge, district court judge, or city court judge may utilize the provisions of 16-93-301 et seq. in an instance in which an underage person is charged with violating 5-65-303.
(B) Notwithstanding the provisions of 5-4-301, 5-4-322, or subdivision (a)(2)(A) of this section, in addition to the mandatory penalties required for a violation of 5-65-303 a circuit court judge, district court judge, or city court judge may utilize probationary supervision solely for the purpose of monitoring compliance with his or her orders and require an offender to pay a reasonable fee in an amount to be established by the circuit court judge, district court judge, or city court judge.
(b) Any magistrate or judge of a court shall keep or cause to be kept a record of any violation of this subchapter presented to that court and shall keep a record of any official action by that court in reference to the violation of this subchapter, including, but not limited to, a record of any finding of guilt, plea of guilty or nolo contendere, or judgment of acquittal, and the amount of fine and other sentence.
(c) Within thirty (30) days after sentencing a person who has been found guilty or pleaded guilty or nolo contendere on a charge of violating any provision of this subchapter, any magistrate of the court or clerk of the court shall prepare and immediately forward to the Office of Driver Services an abstract of the record of the court covering the case in which the person was found guilty or pleaded guilty or nolo contendere, and the abstract shall be certified by the person so required to prepare it to be true and correct.
(d) The abstract shall be made upon a form furnished by the office and shall include:
(1) The name and address of the party charged;
(2) The number, if any, of the driver's license of the party charged;
(3) The registration number of the vehicle involved;
(4) The date of hearing;
(5) The plea;
(6) The judgment; and
(7) The amount of the fine and other sentence, as the case may be.