Arkansas Criminal Defense Blog ©

Arkansas law allows for persons that are subject to domestic abuse to apply for an Order of Protection. (Arkansas Code Annotated 9-15-101-et seq.)

Unfortunately, this process is sometimes abused by those applying for them. Some situations may include:

1. An upset spouse or significant exacting revenge after a break up.
2. A spouse trying to gain advantage in a pending, or soon to be pending, divorce proceeding.
3. A spouse applying for an Order of Protection in anticipation of the other spouse applying for one. (“The Race to the Courthouse”)

It is important to have legal representation whenever one is served with an Ex-Parte Order of Protection. Arkansas law allows for the applicant to get an “Ex-Parte” (this means temporary) without a hearing. However, the court must have a hearing within thirty (30) days within filing of the temporary order.

WARNING: If you fail to attend the final hearing a final order of protection may be entered against you. Also, if the other party proves they are worthy of being granted a final order of protection the following will happen:

1. You will not be able to possess a firearm.
2. The order may be entered against you for up to ten (10) years.
3. If you violate this order in any way you may be arrested for a Violation of a Protection Order. This is a Class A Misdemeanor and punishable by up to one (1) year in jail, and a $1,000.00 fine.

Call the Eisele Law Firm to set up a free consultation if you have been served with an order of protection in Arkansas. We are developing a website dedicated to Arkansas order of protection defense at www.orderofprotectiondefense.com. See our main website at http://www.eiselelaw.com.

Tags: Arkansas Order of Protection, Domestic Violence

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In Arkansas, there are enhanced driver’s license suspensions for those who operate a vehicle with a commercial vehicle license either while intoxicated, or, are those that are thought to be operating a vehicle while intoxicated and refuse to submit to a chemical test.

The suspension periods are as follows:

(A) For a first conviction or refusal to be tested while operating a commercial motor vehicle, a person required to have a commercial driver license or a commercial driver license holder shall be disqualified from operating a commercial motor vehicle for one (1) year;

(B) For a first conviction or refusal to be tested while operating a noncommercial motor vehicle, a commercial driver license holder shall be disqualified from operating a commercial motor vehicle for one (1) year;

(C) For a first conviction or refusal to be tested while operating a commercial motor vehicle transporting hazardous materials required to be placarded under the Hazardous Materials Regulations, 49 C.F.R. part 172, subpart F, a person required to have a commercial driver license and a commercial driver license holder shall be disqualified from operating a commercial motor vehicle for three (3) years;

(D) For a second conviction or refusal to be tested in a separate incident of any combination of offenses in this section while operating a commercial motor vehicle, a person required to have a commercial driver license and a commercial driver license holder shall be disqualified from operating a commercial motor vehicle for life; and

(E) For a second conviction or refusal to be tested in a separate incident of any combination of offenses in this section while operating a noncommercial motor vehicle, a commercial driver license holder shall be disqualified from operating a commercial motor vehicle for life;

(2) If a driver operates a motor vehicle and is convicted of having a blood alcohol concentration in violation of § 27-23-114(a), the driver shall be disqualified as follows:

(A) For a first conviction or refusal to be tested while operating a commercial motor vehicle a person required to have a commercial driver license and a commercial driver license holder shall be disqualified from operating a commercial motor vehicle for one (1) year;

(B) For a first conviction or refusal to be tested while operating a commercial motor vehicle transporting hazardous materials required to be placarded under the Hazardous Materials Regulations, 49 C.F.R. part 172, subpart F, a person required to have a commercial driver license and a commercial driver license holder shall be disqualified from operating a commercial motor vehicle for three (3) years; and

(C) For a second conviction or refusal to be tested in a separate incident of any combination of offenses in this section while operating a commercial motor vehicle, a person required to have a commercial driver license and a commercial driver license holder shall be disqualified from operating a commercial motor vehicle for life;

Arkansas Code Annotated 27-23-112 (b)

Justin Eisele of Eisele Law Firm, P.A. can handle all of your commercial driver’s license DWI matters. Please call him at 501-315-5293 for a free consultation.

Tags: Arkansas DWI

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