#IS MY LICENSE SUSPENDED ARKANSAS TRIAL#
(d) In addition to the penalties provided in this section, the trial judge or magistrate may impose the following penalty or penalties or any combination thereof: (c) A person eighteen (18) years of age or older violating this section is guilty of a violation and upon conviction shall be subject to a fine of not less than one hundred dollars ($100) nor more than five hundred dollars ($500). (2) For the purposes of this section, intoxicating liquor, wine, or beer in the body of a person under twenty-one (21) years of age is deemed to be in his or her possession.
(a)(1) It is unlawful for any person under twenty-one (21) years of age to purchase or have in his or her possession any intoxicating liquor, wine, or beer. I often like to look up (Facebook stalk) famous criminal defendants on Facebook, I think I found Tracy Kastl from this case: Tracy Kristl Facebook However, in order to get this charge expunged off your record you will need to complete the class and pay $125 to have your license reinstated in Arkansas.īelow you will find the relevant parts of the statute and the case law that was referenced in this blog: You will still be unable to drive in Arkansas, but the other states may not enforce it or even know about it. Although 45 states have agreed to suspend your license if Arkansas suspends it, practically that is not always the case. If you are a citizen of a different state, Arkansas will try to suspend your license, but they may not be successful. You may also be asked to take some alcohol classes. Even after the suspension period is over, you will need to take an alcohol class to get your license back. The court costs will be $100, the court fines $20, and the fine will be $100-500Īlthough your driver’s license is suspended, you can still get a restricted driver’s license to go certain places at certain times. There is an automatic suspension of your Driver’s License for 60 days unless you try to appeal it within 7 days of receiving the citation. There is no possibility of jail time for this offense. Penalties for Minor in Possession in Arkansas Such as whether or not the police even had a right to pull you over (if they did not have the right then they can’t use the alcohol they find subsequent to the illegal stop against you), go into your dorm room, or even question you without first giving you your Miranda Rights (if not then in some cases they can’t use your admission of ownership of the alcohol against you). There are many typical criminal defenses to this type of charge. Other Defenses to Minor In Possession of Alcohol in Arkansas The other is called the “I’m too old for this s***”, where you try to prove that you were over 21 years of age. This is one of two Lethal Weapon related defenses. This immunity does not protect those who call for emergency services after the police arrive. Additionally, the recipient of those medical services and also be immune from minor in possession charges. If a group of minors call for emergency medical services and wait around to assist the emergency units then they will be granted immunity from criminal charges for minor in possession of alcohol. Remember the diplomatic immunity from Lethal Weapon 2? It is just like that but all you have to do is call an ambulance.
In 2015 Arkansas granted criminal immunity as a defense to certain minor in possession scenarios. 518, 65 S.W.3d 874) has affirmed that joint occupancy of a vehicle, standing alone, is not sufficient to establish possession or joint possession. The Supreme Court of Arkansas ruled that this was not sufficient evidence to prove that the defendant had constructive possession of the alcohol! Note, the law has since changed to include alcohol in your body but the principal remains the same. (3) the appellant had a smell of intoxicating alcohol about her person. (2) a six-pack of Coors Light beer was found lying inside the vehicle in the hatch area behind the defendant, and according to one officer, all the defendant would have had to have done was “just turn around and reached and grabbed it ” and
(1) beer cans were found laying between the vehicle in question and another parked vehicle State (1990), the Supreme Court of Arkansas was presented with the following uncontested facts: The main defense is how exactly the law defines possession. Pictured: Future Lawyer Possession Defined
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