Arkansas Traffic Violations

Navigating Arkansas roadways safely and efficiently requires a solid grasp of the state's traffic regulations and potential violations. These rules are implemented to safeguard all road users and property while helping drivers clear legal troubles and their associated consequences.

Arkansas traffic laws are overseen by several entities, including the Office of Motor Vehicles (OMV) of the Department of Finance and Administration (DFA), the Department of Public Safety (DPS), and various local law enforcement agencies. The Arkansas Circuit Courts typically handle serious offenses, while minor offenses may be addressed in District Courts.

Drivers who violate traffic laws in Arkansas may face a range of repercussions. These can include monetary penalties, points added to their driving record, and potential hikes in insurance costs. If drivers accumulate excessive points, they risk having their driving privileges suspended or revoked entirely.

Hence, drivers must adhere to traffic laws and practice responsible driving habits. By doing so, motorists can enhance road safety and reduce accidents throughout the state.

What Are the Major Traffic Violations in Alaska?

In Arkansas, traffic violations are classified into Class A, B, and C misdemeanors as per the Arkansas Code Section 27-50-302. These classifications reflect the severity of the offense, with Class A being the most serious and Class C being the least severe. Each tier has penalties, including varying fines, potential jail time, and other consequences.

Class A Misdemeanor

Class A offenses are at the top of the misdemeanor hierarchy, which incur the most severe penalties. These violations typically involve actions that pose significant risks to public safety.

A prime example is street racing on a public highway. Participating in an unauthorized race on public roads is considered a major offense due to the extreme danger it presents to participants and bystanders. The high speeds and competitive nature of such events dramatically increase the likelihood of serious accidents or fatalities.

If convicted, the penalties can include the following as per AR Code Section 27-50-309:

• A fine of $2500
• Up to one year in jail
• Demerit points

If the driver commits the offense again within five years of the first offense, their driver's license can be suspended for six months to a year.

Another example of this misdemeanor is driving without insurance. AR Code Section 27-22-104 states that all drivers must meet the minimum liability insurance and provide proof. The minimum insurance required is as follows:

• $25000 per person/$50000 per accident for bodily injury
• $25000 per accident for property damage

Failing to meet the minimum insurance requirement and providing proof may incur the following penalties:

• A fine of $250 to $1000
• Up to one year in jail
• Suspension of vehicle registration

Class B Misdemeanor

The middle tier consists of Class B misdemeanors, which, while less severe than Class A, still represent serious violations of traffic laws. These offenses often involve actions that endanger people or property.

One example of a Class B misdemeanor is reckless driving. This offense involves operating a vehicle with blatant disregard for safety, potentially leading to accidents and injuries. However, it typically lacks the organized, high-speed nature of street racing.

As per AR Code Section 27-50-308, a person convicted of reckless driving may face the following penalties:

• Up to 90 days in jail
• A fine of up to $1000
• Possible suspension of driver's license
• The addition of demerit points to driving records
• Potential increase in insurance premiums

If the driver commits a second offense within three years of the first offense, they may be subject to jail time of up to six months. It may also lead to increased insurance premium rates.

Other Examples

Intentionally driving without lights to avoid law enforcement notice is also considered a Class B misdemeanor. This behavior indicates an attempt to evade authorities and increases accident risk in low-visibility conditions.

Spectating a street race from the sidelines can result in a Class B misdemeanor charge. It is because spectators are seen as encouraging and enabling these dangerous events.

Both of these offenses can have similar penalties as reckless driving. However, there will be a different demerit point in the driving record.

Class C Misdemeanor

Class C is the lowest tier of misdemeanors in Arkansas traffic law. While these offenses are considered less serious, they still warrant legal action.

Examples under this category include:

• Hazardous driving practices that could lead to accidents but don't rise to the level of reckless driving.
• Leaving the scene of an accident that only resulted in property damage (no injuries).
• Operating a vehicle in the wrong direction on a designated one-way street.
• Driving more than 15 mph over the posted speed limit.
• Using certain substances, such as nitrous oxide, in a vehicle on public roads.

The penalties for the misdemeanors above may include the following as per AR Code Section 27-50-304 for the first and second offenses:

• Up to 20 days in jail
• Up to $200 fine
• Possible demerit points on driving record

For third and subsequent offenses, the driver may have to pay up to a $500 fine and suffer jail time of up to six months. Depending on the severity of the misdemeanor, the driver's license may also be suspended for a certain period.

Other Penalties for Moving Traffic Violations

As per AR Code Section 27-50-306, aside from the penalties above, drivers who commit traffic violations are subject to the following penalties:

• Attending a driver's training school
• Retaking the driver's test
• Providing proof of good sight or hearing
• Providing proof of physical or mental capacity to drive
• Writing themes or essays about safe driving (for minors only)
• Being under probation for a certain period as mandated by the court

Driving Under the Influence (DUI)

As per Section 5-65-103 of the Arkansas Code, driving under the influence (DUI) is classified as a criminal offense. Specifically, it is unlawful for any individual to operate a vehicle if they are intoxicated with a blood alcohol concentration (BAC) of 0.08% or more.

If caught, the person's driving license will be suspended for a certain period, depending on the number of offenses:

• First offense: six months
• Second offense (within five years): 24 months
• Third offense (within five years): 30 months
• Fourth offense (within five years): Revocation of license for four years

Implied Consent Law

Arkansas drivers automatically agree to perform chemical testing if suspected of DUI once they have their driver's license. Section 5-65-202 of the Arkansas Code indicates that refusing the test can lead to penalties.

These penalties include the following as listed in AR Code Section 5-65-205:

• First offense: six months license suspension
• Second offense (within five years): two years license suspension
• Third offense (within five years): three years license revocation
• Fourth offense (within five years): lifetime license revocation

The individual may be issued an ignition interlock restricted license instead of suspension for the first offense under certain conditions indicated in AR Code Section 5-65-118.

Reinstatement of License

As per AR Code Section 5-65-104, before reinstating the driver's suspended or revoked license, the individual must complete the following requirements:

• Complete the state-approved drug and alcohol program and submit the original certificate to any local driver control.
• Attend the Victim Impact Panel class and submit a certificate of completion to any local driver control.
• Install an ignition interlock device for the duration of the individual's suspension.

Note: The individual must complete and submit the Confirmation of Interlock Requirement form to their local driver control.

• Pay a $150 reinstatement fee at any Arkansas Revenue Office, by mail, or online through mydmv.arkansas.gov.
• The individual must pass all Arkansas Driver's License Exam phases for "Revoked" licenses.

How Does Alaska's OMV Point System Work?

Understanding Arkansas' OMV point system can help drivers maintain a clean driving record and avoid penalties for traffic violations. To know more, here is an overview of how the point system works:

Point Allocation for Different Violations

Arkansas assigns points to driving records for various traffic offenses:

• Street racing or speed contest: 8 points
• Reckless Driving: 8 points
• Driving without lights to avoid law enforcement: 3 points
• Hazardous or careless driving: 3 points
• Leaving the scene of the accident (no injury): 8 points
• Driving in the wrong direction on a one-way street: 3 points
• Driving over 15 mph of the speed limit: 5 points
• Driving with a suspended/revoked license: 3 points

For a full list of traffic violations in Arkansas and their corresponding demerit points, drivers can check the "Violations and Points" page on the official DFA website.

Consequences of Accumulating Points

Accumulating a certain number of points can have serious consequences in Arkansas, including the following:

• Warning Letter: Drivers may receive a warning letter at 10 points in 36 months.
• Automatic Hearing: A hearing will be scheduled automatically at 14 or more points in 36 months.

Note: Their license will be suspended if the driver doesn't attend the hearing.

• Increased Insurance Rates: The driver's insurance costs may increase with point accumulation.
• Driver Improvement Programs: Drivers may be required to complete a defensive driving course.

How Long Points Stay on Driving Records

Points can stay on an individual's driving record for three years. After three years, the points may fall off the record if there are no repeat offenses. Insurance companies can access these records to check how many points a driver has, affecting their insurance coverage eligibility.

If drivers want to check their driving records, they can use the mydmv.arkansas.gov online portal. Drivers can also request the records in person at any Arkansas Revenue Office or by mail to:

Drivers can also approach dedicated records at the DFA office in Little Rock. They must complete the Arkansas Driving Records Release Form for in-person or mail requests.

The driver may have to pay different fees for different purposes:

• Insurance record (for record of traffic violations):
• $8.50 (in person or by mail)
• $10 (online)
• Driving history record:
• $8.50 (in-person and by-mail)
• no online requests
• Commercial record (for commercial purposes, e.g., employment):
• $10 (mail or in person)
• $13 (online)

Ways to Reduce Points

Arkansas doesn't currently have fixed ways to reduce points in driving records. These points stay on record for 36 months or three years. If there are no repeat offenses, these points will be removed after. Drivers must avoid committing further offenses that can add points to their records so they don't have to wait longer.

What Is the Process for Handling Traffic Tickets in Arkansas?

When Arkansas drivers receive a traffic citation, they have several response options. One option is to accept and pay the ticket, which implies an admission of guilt or no contest. Paying the ticket results in points being added to the driver's record. Payments can typically be made online, by mail, or in person at the designated court.

Alternatively, drivers can choose to contest the citation. It involves pleading not guilty and requesting a court hearing. There's also the option of a mitigation hearing, where drivers can admit to the violation but explain circumstances that might lead to a reduced fine.

For those who decide to contest their ticket, the process involves several steps:

• Inform the court of the driver's intent to contest by the specified deadline.
• The driver should gather supporting evidence such as photographs, witness accounts, or relevant documents.
• On the day of the hearing, drivers present their case to the judge with or without help from legal representatives.

During the hearing, drivers may have the opportunity to cross-examine the officer who issued the ticket. Note also that if the driver doesn't appear at the court hearing on schedule, their license will be suspended automatically.

If the contest is successful, the citation may be dismissed entirely. In some cases, the charges or fines might be reduced based on the circumstances presented. However, if found guilty, the driver will be required to pay the fine, and points will be added to their driving record.

Online Systems for Ticket Management

Arkansas provides a more convenient way for drivers to look up and pay for their tickets online through the e-Traffic program. Only courts using Contexte and participating in the program are eligible for online payments.

Drivers can check this list of participating courts if their local court is there. If confirmed to be there, the driver can pay for their tickets through the e-Traffic online payment portal.

How Are Accident Reports Handled in Arkansas?

Accident reports are a crucial part of documenting traffic incidents in Arkansas. They provide essential details for insurance claims, legal proceedings, and law enforcement records.

When and How to File an Accident Report

In Arkansas, documenting traffic incidents through accident reports is a critical process that serves multiple purposes, including supporting insurance claims, legal proceedings, and maintaining law enforcement records.

Arkansas law mandates that drivers file an accident report under specific circumstances. These include incidents resulting in property damage exceeding $1000 or any accident that caused injury or death, regardless of who is at fault. The state requires this report to be submitted to the Arkansas DFA within 30 days following the incident.

Drivers can access the necessary form, the Arkansas Motor Vehicle Accident Report (Form SR-1), online. In cases where law enforcement officers investigate and file their reports, drivers are advised to obtain copies. These official reports can serve as valuable additional evidence for insurance claims.

At the scene of an accident, drivers must exchange a comprehensive set of information with other involved parties. This information includes the following details:

• Full names and contact details
• Insurance information
• Driver's license number
• Vehicle details, such as registration, plate numbers
• Vehicle descriptions, such as make, model, color

When completing an accident report, drivers should thoroughly account for the incident. This account includes the accident's date, time, and precise location, along with detailed information about all involved parties and vehicles.

A comprehensive description of how the accident occurred is crucial, including factors such as road conditions and weather. It is also important to include contact information for any witnesses and a detailed account of injuries and property damage.

Technological assistance is available for drivers who may find it challenging to document accident details accurately. The WreckCheck App, accessible on iPhone and Android platforms, can guide users through documentation. Alternatively, a printable checklist is available for those who prefer a non-digital option.

If proof of insurance is required, drivers must provide this information. Additionally, drivers must contact their insurance agent as the agent must fill out the "Verification of Liability Insurance (SR-21)" section of the accident report form.

Obtaining Accident Reports

The Arkansas State Police (ASP) serves as the primary custodian of all crash reports within the state. Individuals seeking to obtain copies of Arkansas Crash Reports can do so through the state's Crash Report Online Purchase System. This digital platform allows interested parties to access the necessary documentation efficiently.

When utilizing this online service, users should be aware that a service fee will be applied in addition to the standard $10 fee mandated by state law for each report requested. Upon successful purchase, customers will receive their reports in electronic format.

Note that there is typically a processing period before reports become accessible. Generally, crash reports are made available for purchase within ten business days following the date of the incident. This timeframe allows for proper documentation and processing by relevant authorities.

For cases involving crashes with juvenile occupants, the process differs slightly. Individuals are advised to contact the ASP Crash Records Section directly. This department can be reached at 501-618-8130.

How Accident Reports Affect Insurance and Legal Matters

Accident reports are vital in insurance claims and legal proceedings following traffic incidents. Insurance companies rely heavily on these reports to assess fault and determine liability, which directly influences claim processing and potential compensation.

In the legal arena, accident reports hold significant weight as official records, offering factual information that can either substantiate or challenge claims made by involved parties. It is particularly crucial in cases involving severe injuries or disputed accounts of the incident.

The detailed nature of these reports is indispensable in litigation, as they establish the facts and context of the accident. This aids in pursuing fair resolutions in both insurance settlements and court proceedings.

What Should Drivers Know about Traffic-Related Arrests in Arkansas?

In Arkansas, law enforcement officers conduct traffic-related arrests for a variety of infractions, ranging from DUI to reckless driving and operating a vehicle with a suspended license. These arrests typically stem from traffic stops initiated due to observed violations or suspicious behavior.

During such encounters, officers may employ field sobriety tests, request breathalyzer samples, or gather other evidence to establish probable cause for an arrest.

When faced with a traffic-related arrest, drivers retain specific rights:

• The right to remain silent
• The right to legal counsel
• The right to be informed of the charges against them

The consequences of these arrests can be significant and multifaceted:

• Criminal charges, fines, probation
• License suspension or revocation
• DUI education or treatment
• Potential incarceration
• Emotional stress, relationship strain, reputational damage

Given the potential severity of these outcomes, it is strongly advised that individuals facing traffic-related arrests seek guidance from an experienced criminal defense attorney specializing in such cases. These legal professionals can assist in navigating the legal system and developing effective defense strategies for court proceedings.