(a) Admittance into the pretrial diversion program is in the sole discretion of the municipal court judge upon application approved by the city prosecutor. An offender deemed by the city prosecutor to be a threat to the safety or well-being of the community shall not be eligible for the program. An offender charged with any of the following types of offenses without the express written consent of the victim shall be ineligible for admittance:
(1) Any offense involving violence or aggression resulting in injury to a law enforcement officer.
(2) Any offense involving eluding or attempting to elude a law enforcement officer.
(3) Any offense involving violence where a weapon was used or where children are victims.
(4) Any driving under the influence charge where serious physical injuries are involved.
(5) Any offense wherein the offender is a public official and the charge is related to the capacity of the offender as a public official.
(b) A person may not be admitted to the program if the person holds a commercial driver license issued in any state, possession, territory, or insular area of the United States.
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