Browse Arkansas Code titles and sections
5-65-308. No probation prior to adjudication of guilt — Records.
Arkansas Code — all titles (historical 2020) · legal_authorities
5-65-308. No probation prior to adjudication of guilt — Records.
(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.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 5-65-308
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.
Issuing source page ↗
Authority boundary: historical statutory source snapshot not current law.
Open the recorded source website ↗
Record provenance
Stable record: arkansas_code:legal_authorities:5-65-308
Source file: gov.ar.code.title.05.odt
Pages: Not recorded – Not recorded
Passage SHA-256: 75af0d9cdeef0f71e5e1a14401e7eae4a13268109217627f716a85bee584cb1e
Source location: content.xml paragraph 27106
Stored source content
5-65-308. No probation prior to adjudication of guilt — Records.
(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.
Cross-references
Connections may be documented source relationships, shared citations or nearby passages. Each explains its basis; a connection alone does not establish applicability to your situation.
Arkansas Code — all titles (historical 2020) · legal_authorities
16-93-301. Definitions.
As used in this subchapter, “sealing” means the procedure and effect as defined in the Comprehensive Criminal Record Sealing Act of 2013, § 16-90-1401 et seq.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 16-93-301
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 16-93-301. This identifies an authority to review, not proof of applicability.
Arkansas Code — all titles (historical 2020) · legal_authorities
5-4-301. Crimes for which suspension or probation prohibited — Criteria for suspension or probation in other cases.
(a)(1) A court shall not suspend imposition of sentence as to a term of imprisonment or place a defendant on probation for the following offenses:
(A) Capital murder, § 5-10-101;
(B) Treason, § 5-51-201;
(C) A Class Y felony, except to the extent suspension of an additional term of imprisonment is permitted in § 5-4-104(c);
(D) Driving or boating while intoxicated, § 5-65-103;
(E) Murder in the second degree, § 5-10-103, except to the extent suspension of an additional term of imprisonment is permitted in § 5-4-104(c); or
(F) Engaging in a continuing criminal enterprise, § 5-64-405.
(2) If it is determined pursuant to § 5-4-502 that a defendant has previously been convicted of two (2) or more felonies, the court shall not:
(A) Suspend imposition of sentence; or
(B) Place the defendant on probation.
(b) In making a determination as to suspension or probation, the court shall consider whether:
(1) There is undue risk that during the period of a suspension or probation the defendant will commit another offense;
(2) The defendant is in need of correctional treatment that can be provided most effectively by his or her commitment to an institution;
(3) Suspension or probation will discount the seriousness of the defendant's offense; or
(4) The defendant has the means available or is so gainfully employed that restitution or compensation to the victim of the defendant's offense will not cause an unreasonable financial hardship and will be beneficial to the rehabilitation of the defendant.
(c) While not controlling the discretion of the court, the following grounds shall be accorded weight in favor of suspension or probation:
(1)
Source: Arkansas Code — historical release 78 (November 6, 2020) · 5-4-301
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 5-4-301. This identifies an authority to review, not proof of applicability.
Arkansas Code — all titles (historical 2020) · legal_authorities
5-4-322. District court or city court — Probation — Fees and fines authorized.
(a)(1) A district court or city court may:
(A) Place a defendant on probation or sentence him or her to public service work; and
(B) As a condition of its order, require the defendant to pay a:
(i) Fine in one (1) or several sums; and
(ii) Probation fee or a public service work supervisory fee in an amount to be established by the district court or city court.
(2)(A) The broad objective of probation is to educate and rehabilitate a person placed on probation.
(B) A condition for probation shall bear a reasonable relationship to the offense committed or to future criminality and be reasonably necessary to assist the defendant in leading a law-abiding life.
(3)(A) A condition of probation shall be closely monitored and supervised by the district court or city court or by a probation officer.
(B) The district court or city court shall determine if a condition of probation is in compliance with the provisions of subdivision (a)(2) of this section.
(b)(1) This section regarding probation and probation fees does not apply when the defendant is charged with violating the Omnibus DWI or BWI Act, § 5-65-101 et seq., or the Underage DUI or BUI Law, § 5-65-301 et seq.
(2) When the defendant is charged with violating the Omnibus DWI or BWI Act, § 5-65-101 et seq., the district court may require the defendant to pay a public service work supervisory fee in an amount to be established by it if the district court orders public service in lieu of jail under § 5-65-111.
(3) When the defendant is charged with violating the Underage DUI or BUI Law, § 5-65-301 et seq., the district court may require the defendant to pay a public service work supervisory fee in an amount to be established
Source: Arkansas Code — historical release 78 (November 6, 2020) · 5-4-322
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 5-4-322. This identifies an authority to review, not proof of applicability.
Arkansas Code — all titles (historical 2020) · legal_authorities
5-65-303. Driving or boating under the influence while underage.
(a) A person commits the offense of driving or boating under the influence while underage if he or she is underage and operates or is in actual physical control of a motorboat on the waters of this state or a motor vehicle while:
(1) Under the influence of an alcoholic beverage or similar intoxicant; or
(2) At that time there was an alcohol concentration of two hundredths (0.02) but less than eight hundredths (0.08) in his or her breath, blood, urine, or saliva as determined by a chemical test.
(b) A violation of this section is an unclassified misdemeanor with penalties as prescribed by this subchapter.
(c) An alcohol-related offense under this section is a strict liability offense.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 5-65-303
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 5-65-303. This identifies an authority to review, not proof of applicability.