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27-50-905. Procedure for driver's right to contest entries.
Arkansas Code — all titles (historical 2020) · legal_authorities
27-50-905. Procedure for driver's right to contest entries.
(a)(1) Every driver on whom a record of traffic violations has been compiled shall have the right to contest any entry made in his driver's record.
(2) If the driver disputes any entry on his or her record he or she must, in order to preserve his or her rights under this section, notify in writing the Office of Driver Services within thirty (30) days of receipt of the report provided for in § 27-50-902.
(b)(1) The notification, as required, shall set forth in detail the ground upon which the driver bases his or her objections to the entry.
(2) Within thirty (30) days after receipt of the notice, the office shall either remove the entry from the driver's record or notify the driver that the office finds the entry to be correct and that the entry shall remain a part of the driver's record.
(3) If the office finds the entry to be correct, the notification of this fact to the driver shall state the grounds for the finding.
(c)(1) In the event the office finds the entry to be correct, the aggrieved driver may file suit in the circuit court of the county in which the driver resides within twenty (20) days after receiving notice from the office that the entry was found to be correct to seek an order from the court requiring the office to change or delete the entry from the driver's record.
(2) The court's review of such an action shall be limited to a determination of whether the office had just cause to record the traffic violation in question on the record of the aggrieved driver and whether the office acted in compliance with §§ 27-50-902 and 27-50-903.
(3) The burden of proof in the action shall be upon the driver instituting the action.
(d)(1) If the court finds the entry to be incorrect, it sha
Source: Arkansas Code — historical release 78 (November 6, 2020) · 27-50-905
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. A text match is a research starting point; applicability is not established.
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Stable record: arkansas_code:legal_authorities:27-50-905
Source file: gov.ar.code.title.27.odt
Pages: Not recorded – Not recorded
Passage SHA-256: 4f7c704a24f7fe35c518cd45494e530788db48ce26cb5bd54f636f7def85d740
Source location: content.xml paragraph 16718
Stored source content
27-50-905. Procedure for driver's right to contest entries.
(a)(1) Every driver on whom a record of traffic violations has been compiled shall have the right to contest any entry made in his driver's record.
(2) If the driver disputes any entry on his or her record he or she must, in order to preserve his or her rights under this section, notify in writing the Office of Driver Services within thirty (30) days of receipt of the report provided for in § 27-50-902.
(b)(1) The notification, as required, shall set forth in detail the ground upon which the driver bases his or her objections to the entry.
(2) Within thirty (30) days after receipt of the notice, the office shall either remove the entry from the driver's record or notify the driver that the office finds the entry to be correct and that the entry shall remain a part of the driver's record.
(3) If the office finds the entry to be correct, the notification of this fact to the driver shall state the grounds for the finding.
(c)(1) In the event the office finds the entry to be correct, the aggrieved driver may file suit in the circuit court of the county in which the driver resides within twenty (20) days after receiving notice from the office that the entry was found to be correct to seek an order from the court requiring the office to change or delete the entry from the driver's record.
(2) The court's review of such an action shall be limited to a determination of whether the office had just cause to record the traffic violation in question on the record of the aggrieved driver and whether the office acted in compliance with §§ 27-50-902 and 27-50-903.
(3) The burden of proof in the action shall be upon the driver instituting the action.
(d)(1) If the court finds the entry to be incorrect, it shall order the office to amend the entry or delete the entry entirely.
(2)(A) A driver who has brought suit to require a change in his or her record and who has obtained an order of the court requiring the change may file a claim for his or her attorney's fees and any other damages he or she may have suffered with the Arkansas State Claims Commission.
(B) The claim shall be filed in the manner required by law.
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Arkansas Code — all titles (historical 2020) · legal_authorities
27-50-902. Report from courts required.
(a) All courts in this state which have jurisdiction over such offenses shall report all final convictions to the Office of Driver Services utilizing the uniform traffic ticket as provided for under the provisions of §§ 27-50-501 and 27-50-504.
(b) In compiling and maintaining a central driver record file, the office shall ascertain to the best of its ability the authenticity of all final convictions reported to the office by requiring that all final dispositions by the courts dealing with these matters be signed by an official of the court.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 27-50-902
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. The source passage cites 27-50-902. This identifies an authority to review, not proof of applicability.
Arkansas Code — all titles (historical 2020) · legal_authorities
27-50-903. Responsibility to properly file conviction reports.
(a) It shall be the responsibility of the Office of Driver Services to properly file all traffic violation convictions received from the courts of this state or any other state and assign the conviction report to the named driver in the report.
(b) In the event a conviction report is improperly filed or reported, it shall be the responsibility of the office to correct the record and to notify the driver and any other party who has received the report of the incorrect filing and the fact that the record in question has been corrected.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 27-50-903
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. The source passage cites 27-50-903. This identifies an authority to review, not proof of applicability.