2018 Arkansas Code
Title 5 - Criminal Offenses
Subtitle 6 - Offenses Against Public Health, Safety, or Welfare
Chapter 65 - Driving or Boating While Intoxicated
Subchapter 3 - Underage Driving or Boating Under the Influence Law
§ 5-65-308. No probation prior to adjudication of guilt -- Records

Universal Citation: AR Code § 5-65-308 (2018)
  • (a) A circuit court judge or district court judge may not utilize the first-time offender probation provisions under § 16-93-301 et seq. when the defendant is charged with violating § 5-65-303.

  • (b) Notwithstanding the provisions of § 5-4-301, § 5-4-322, or this section, a circuit court judge or district court judge may:

    • (1) Utilize probationary supervision, in addition to the mandatory penalties required for a violation of § 5-65-303, solely for the purpose of monitoring compliance with his or her orders; and

    • (2) Require a defendant to pay a reasonable fee in an amount to be established by the circuit court judge or district court judge.

  • (c) The court shall keep or cause to be kept a record of all official actions that are the result of a violation of this subchapter, including without limitation:

    • (1) The ultimate resolution of the case; and

    • (2) The sentence and fine, if applicable.

  • (d)

    • (1) The court or clerk of the court shall prepare and immediately forward to the Office of Driver Services within five (5) business days after the sentencing of a person who has been found guilty or pleaded guilty or nolo contendere to a violation of this subchapter an abstract of the record.

    • (2) The abstract shall be:

      • (A) Certified by the person required to prepare it to be true and correct; and

      • (B) Made upon a form furnished by the office and shall include:

        • (i) The name and address of the person charged;

        • (ii) The number, if any, of the driver's license of the person charged;

        • (iii) The registration number of the motor vehicle or motorboat involved;

        • (iv) The date of hearing;

        • (v) The plea;

        • (vi) The judgment; and

        • (vii) The amount of the fine and sentence.

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