(A) A person must not be considered for intervention if: (1) he previously has been accepted into an intervention program; or (2) the person is charged with: (a) blackmail; (b) driving under the influence or driving with an unlawful alcohol concentration; (c) a traffic-related offense which is punishable only by fine or loss of points; (d) a fish, game, wildlife, or commercial fishery-related offense which is punishable by a loss of eighteen points as provided in Section 50-9-1120; (e) a crime of violence as defined in Section 16-1-60; or (f) an offense contained in Chapter 25 of Title 16 if the offender has been convicted previously of a violation of that chapter or a similar offense in another jurisdiction. (B) However, this section does not apply if the solicitor determines the elements of the crime do not fit the charge. Code Commissioner's Note In 2014, at the direction of the Code Commissioner, in subsection (A)(2)(d), the reference to Section 50-9-1020 was changed to Section 50-9-1120, to correct a typographical error.
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