Arkansas Criminal Defense Blog ©

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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The Arkansas Legislature has a version of the Arkansas laws posted on their website.

This is a handy feature when wanting to look up a portion of the Arkansas statues.

One note, please be sure to read the disclaimer on the website. The web version of the Arkansas Code is not guaranteed. It is only meant for informational purposes.

Find the Arkansas Code search by CLICKING HERE.

Tags: Misc

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Most of us have seen the television show “Law and Order” or some other law enforcement drama. We have seen Lenny read someone their rights in a sarcastic tone.

As a result of a landmark case, Miranda v. Arizona, 384 U.S. 436 (1966), most every defendant, when taken into custody, is Mirandized. Although there is no magic language to be read to defendant, the Supreme Court was clear on what is needed:

“Prior to any questioning, the person must be warned that he has a right to remain silent, that any statement he does make may be used as evidence against him, and that he has a right to the presence of an attorney, either retained or appointed. The defendant may waive effectuation of these rights, provided the waiver is made voluntarily, knowingly and intelligently.” Miranda at 444.

As a result, if you are brought into speak to a detective, it is likely they will ask you this list of questions in some form or fashion:

1. You have the right to remain silent and refuse to answer questions. Do you understand?
2. Anything you do say may be used against you in a court of law. Do you understand?
3. You have the right to consult an attorney before speaking to the police and to have an attorney present during questioning now or in the future. Do you understand?
4. If you cannot afford an attorney, one will be appointed for you before any questioning if you wish. Do you understand?
5. If you decide to answer questions now without an attorney present you will still have the right to stop answering at any time until you talk to an attorney. Do you understand?
6. Knowing and understanding your rights as I have explained them to you, are you willing to answer my questions without an attorney present?

You can not be harmed by speaking to an attorney before speaking to an officer who has Mirandized you. There is a reason they tell you that you have a right to speak to an attorney. YOU DO!

Tags: Constitutional Rights

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Depending on priors, and the nature of the DWI, the only option for a person accused of DWI is to install an interlock device on their car. These devices are regulated by the Arkansas Department of Health and those regulations are HERE.

There are private companies in Arkansas who offer help installing these devices so that persons may be able to drive during their suspension of their Arkansas driver’s license.

Tags: Arkansas DWI

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One of the first factors that determines if your drug possession makes you guilty of a felony or a misdemeanor is the schedule of drug it is. The Arkansas Code authorizes the Arkansas Department of Health to make of list of controlled substances and to decide what schedule certain controlled substances are. For example, marijuana is not as high up the list as say cocaine or methamphetamine.

Here is the latest list posted on the health department’s website. This list may not be up to date at the time you read this so it is important to consult with your attorney in your possession matter. The Director of the Health Department has the duty of revising and republishing the list annually under Arkansas Code Annotated 5-64-216.

It should also be noted that proof that you possessed any controlled substance with the intent to sell, manufacture, etc, can make your charge more serious. That is a different topic of discussion for another post.

Tags: Drug Charges

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