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5-65-117. Seizure and sale of a motor vehicle or motorboat.
Arkansas Code — all titles (historical 2020) · legal_authorities
5-65-117. Seizure and sale of a motor vehicle or motorboat.
(a)(1)(A) A person who pleads guilty or nolo contendere to or is found guilty of violating § 5-65-103 for a fourth or subsequent offense occurring within five (5) years of the first offense may have his or her motor vehicle or motorboat seized at the discretion of the court.
(B) A motor vehicle or motorboat seized under this section shall be the motor vehicle or motorboat that the person was operating or was in actual physical control of at the time he or she committed the fourth offense.
(C) The title to the motor vehicle or motorboat is forfeited to the state if the motor vehicle or motorboat is seized under this section.
(2)(A) It is the duty of the county sheriff of the county where the offense occurred to seize the motor vehicle or motorboat if seizure is ordered by the court.
(B) The court may issue an order directing the county sheriff to sell the seized motor vehicle or motorboat at a public auction to the highest bidder within thirty (30) days from the date of judgment.
(b)(1) The county sheriff shall advertise the motor vehicle or motorboat for sale for a period of two (2) weeks prior to the date of sale by at least one (1) insertion per week in a newspaper having a bona fide circulation in the county.
(2) The notice shall include a brief description of the motor vehicle or motorboat to be sold and the time, place, and terms of the sale.
(c) The proceeds of the sale of the seized motor vehicle or motorboat shall be deposited into the county general fund.
(d)(1) The county sheriff shall report his or her actions to the court in which the defendant was tried after the county sheriff has made the sale and has turned over the proceeds of the sale to the county treasurer.
(2) The report
Source: Arkansas Code — historical release 78 (November 6, 2020) · 5-65-117
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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Record provenance
Stable record: arkansas_code:legal_authorities:5-65-117
Source file: gov.ar.code.title.05.odt
Pages: Not recorded – Not recorded
Passage SHA-256: 2466a505ad618d03f7b7dd1e83e233a420939daadc447fa7f8c177f2ffabdafe
Source location: content.xml paragraph 26265
Stored source content
5-65-117. Seizure and sale of a motor vehicle or motorboat.
(a)(1)(A) A person who pleads guilty or nolo contendere to or is found guilty of violating § 5-65-103 for a fourth or subsequent offense occurring within five (5) years of the first offense may have his or her motor vehicle or motorboat seized at the discretion of the court.
(B) A motor vehicle or motorboat seized under this section shall be the motor vehicle or motorboat that the person was operating or was in actual physical control of at the time he or she committed the fourth offense.
(C) The title to the motor vehicle or motorboat is forfeited to the state if the motor vehicle or motorboat is seized under this section.
(2)(A) It is the duty of the county sheriff of the county where the offense occurred to seize the motor vehicle or motorboat if seizure is ordered by the court.
(B) The court may issue an order directing the county sheriff to sell the seized motor vehicle or motorboat at a public auction to the highest bidder within thirty (30) days from the date of judgment.
(b)(1) The county sheriff shall advertise the motor vehicle or motorboat for sale for a period of two (2) weeks prior to the date of sale by at least one (1) insertion per week in a newspaper having a bona fide circulation in the county.
(2) The notice shall include a brief description of the motor vehicle or motorboat to be sold and the time, place, and terms of the sale.
(c) The proceeds of the sale of the seized motor vehicle or motorboat shall be deposited into the county general fund.
(d)(1) The county sheriff shall report his or her actions to the court in which the defendant was tried after the county sheriff has made the sale and has turned over the proceeds of the sale to the county treasurer.
(2) The report required by subdivision (d)(1) of this section shall be filed with the court within sixty (60) days from the date of judgment.
(e) A forfeiture of a motor vehicle or motorboat under this section that is encumbered by a bona fide security interest is subject to the interest of the secured party if the secured party neither had knowledge of nor consented to the offense.
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Arkansas Code — all titles (historical 2020) · legal_authorities
5-65-103. Driving or boating while intoxicated.
(a)(1) It is unlawful and punishable as provided in this chapter for a person who is intoxicated to operate or be in actual physical control of a motorboat on the waters of this state or a motor vehicle.
(2) It is unlawful and punishable as provided in this chapter for a person to operate or be in actual physical control of a motorboat on the waters of this state or 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 alcohol concentration in § 5-65-204.
(b) The consumption of alcohol or the possession of an open container of alcohol aboard a motorboat does not in and of itself constitute probable cause that the person committed the offense of boating while intoxicated.
(c) An alcohol-related offense under this section is a strict liability offense.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 5-65-103
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 5-65-103. This identifies an authority to review, not proof of applicability.