Arkansas Criminal Defense Blog ©

Traveling from out of state to or through Arkansas?

Maybe you are just traveling to a never-been-before corner of the state?

It is common for travelers to get a traffic ticket, or other minor offense ticket, in a town or locale they are not from. It can be very costly to travel to court challenge a ticket or to even try to work out a reasonable plea bargain with the local prosecuting attorney. Such costs could be:

1. Gas for car or plane ticket.

2. Lost wages.

3. Child care expenses.

4. Missing school.

5. Possibility that the case will get continued and you might have to show up again.

Arkansas statute allows for an attorney, in non felony cases, to stand in and accept a plea on his/her client’s behalf if authorized by the client and approved by the court. This can 1) allow a person the ability to possibly avoid a court appearance and 2) offer a client the ability to have an advocate in court and negotiate a reasonable plea bargain.

Tags: Arkansas Misdemeanors, Arkansas Traffic Tickets

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Reckless Driving is a serious traffic related offense that is punishable by jail time and/or a fine. However, that is not the only punishment you must be aware of for this offense. The Arkansas Department of Finance and Administration will also assign a hefty number of “points” to your driving record.

The statute for Reckless Driving is below:

Arkansas Code 27-50-308

(a) Any person who drives any vehicle in such a manner as to indicate a wanton disregard for the safety of persons or property is guilty of reckless driving.

(b)(1)(A) If physical injury to a person results, every person convicted of reckless driving shall be punished upon a first conviction by imprisonment for a period of not less than thirty (30) days nor more than ninety (90) days or by a fine of not less than one hundred dollars ($100) nor more than one thousand dollars ($1,000), or by both such fine and imprisonment.

(B) Otherwise, every person convicted of reckless driving shall be punished upon a first conviction by imprisonment for a period of not less than five (5) days nor more than ninety (90) days or a fine of not less than twenty-five dollars ($25.00) nor more than five hundred dollars ($500), or by both such fine and imprisonment.

(2)(A) For a second or subsequent offense occurring within three (3) years of the first offense, every person convicted of reckless driving shall be punished by imprisonment for not less than thirty (30) days nor more than six (6) months or by a fine of not less than five hundred dollars ($500) nor more than one thousand dollars ($1,000), or by both such fine and imprisonment.

(B) However, if the second or subsequent offense involves physical injury to a person, the person convicted shall be punished by imprisonment for not less than sixty (60) days nor more than one (1) year or by a fine of not less than five hundred dollars ($500) nor more than one thousand dollars ($1,000), or by both such fine and imprisonment.

Tags: Arkansas Misdemeanors, Arkansas Traffic Tickets

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In Arkansas there are a few main differences between a DWI charge and a DUI charge.

Here is the simplest way to keep them apart:

If you are over 21, you cannot be guilty of a DUI. However, if you have had quite a lot of drink, you can be guilty of DWI and be UNDER 21.

How does this all work do you ask? Well, first look at the two statutes:

1. DWI-

(a) It is unlawful and punishable as provided in this act for any person who is intoxicated to operate or be in actual physical control of a motor vehicle.

(b) It is unlawful and punishable as provided in this act for any person to operate or be in actual physical control of a motor vehicle if at that time the alcohol concentration in the person’s breath or blood was eight-hundredths (0.08) or more based upon the definition of breath, blood, and urine concentration in § 5-65-204.

(Arkansas Code Annotated 5-65-103)

2. DUI-

(a) It is unlawful and punishable as provided in this subchapter for any underage person to operate or be in actual physical control of a motor vehicle while under the influence of an alcoholic beverage or similar intoxicant.

(b) It is unlawful and punishable as provided in this subchapter for any underage person to operate or be in actual physical control of a motor vehicle if at that time there was an alcohol concentration of two-hundredths (0.02) but less than eight-hundredths (0.08) in the underage person’s breath or blood as determined by a chemical test of the underage person’s blood or breath or other bodily substance.

(Arkansas Code Annotated 5-65-303)

3. The Differences- There are a few key differences to point out between DWI and DUI in Arkansas:

• Age- You have to be under 21 to be guilty of DUI. There is no age requirement for DWI.
• For DWI you have to be intoxicated or .08 or better on the BAC. For DUI you only have to be “under the influence” (a lower level than intoxication) or between .02 and .08 on the BAC.

It is important to hire an experienced DWI or DUI attorney if you have been charged. Justin Eisele of the Eisele Law Firm, P.A. has tried many DWI and DUI cases. For a free consultation call 501-315-5293.

Tags: Arkansas DWI, Arkansas Misdemeanors, Arkansas Traffic Tickets

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The Arkansas Department of Health, through the directive of the Arkansas Legislature, promulgates rules and regulation for alcohol testing. (Arkansas Code Annotated 5-65-201)

To put it plainly: The elected folk, in order to add legitimacy to the testing of blood, breathe, and urine, for the purpose of detecting levels of alcohol, have made a list of fancy rules and regulations.

These rules and regulations must be followed in order for your alcohol test results to be entered as evidence into a court of law.

When charged with a DWI it is important to hire a defense attorney that is well versed on these rules and regulations.

To view these rules and regulations check HERE.

Tags: Arkansas DWI, Arkansas Misdemeanors, Arkansas Traffic Tickets, Uncategorized

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Many people passing through a state or a foreign county will just write a check and send their traffic ticket in to avoid going to court. However, some people do not realize the possible effects of getting a traffic ticket. These effects can be:

• Increased insurance rates
• Eventual driver’s license suspension or revocation
• Admission of guilt by paying your ticket

Getting a traffic ticket in Arkansas and sending your payment in to avoid the inconvenience of court can have negative effects. Sometimes courts offer diversion programs or probation for traffic offenses. It is important to see a defense attorney experienced in traffic and criminal defense before admitting your guilt.

Tags: Arkansas Traffic Tickets

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Some persons may think that passing a school bus is only a simple traffic offense.

Think Again! The following are the penalties for anyone who is found guilty of passing a school bus in Arkansas:

• A misdemeanor conviction on your record.
• Fine of from $250 to $1,000 dollars, and/or
• Up to 90 days in county jail.
• Up to 400 hours of community service.
• Automatic driver’s license suspension of from 21 days to 1 year.

In addition, under Arkansas law, there is a rebuttable presumption that the person that the vehicle is registered to is the person that was driving the car when the offense occurred. (See A.C.A. 27-51-1001)

It is important that you see an experienced criminal defense attorney if charged with this offense.

Tags: Arkansas Traffic Tickets

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