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Careless/Prohibited Driving With an Accident in Arkansas
My question involves a careless/prohibited driving ticket from Ark
My aunt(aged 63) was involved in an accident ......no one injured except her she asked to be transported to the hospital(busted lip from air bag) and if I was a betting person I'd say anxiety/panic attack. She was cited for the careless/prohib driving, there was nothing brought up about alcohol or drugs. She has never had a ticket in her life. She lost her husband this past November and isn't dealing very well she does not drink but does have some anti-anxiety medication and is scared she might have taken too much that evening. I seriously doubt it but it's hard to convince her as naive as she is concerning the police, or am I the one that is naive? Could they check at the hospital for her bloodwork and come back and charge her with DUI IF she did have too much? Alot of what ifs here? Just trying to help her out she's freaking.
THANX for any help so I can calm her down
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- 1 Comments
- First, I think that its very nice of you that you're trying to help out, I hope she feels better soon, and I am sorry for her/your loss.
I honestly highly doubt that they would go through the trouble of checking her hospital records. If they suspected that she was DUI at the time they investigated the accident, you can bet that they would have charged her with a DUI (instead of Careless & Prohibited) and gone from there.
You may, however, want to consult with a local attorney who might be more familar with AK law and with law enforcement agencies procedures when it comes to establishing a DUI case. Some attorneys do offer a free or low cost initial consultation and for her peace of mind, and yours, it might be worth the cost.
The same attorney should also be able to advise her as to how to handle the alleged charge which I will post below.
27-51-104.Careless and prohibited driving.
(a) It shall be unlawful for any person to drive or operate any vehicle in such a careless manner as to evidence a failure to keep a proper lookout for other traffic, vehicular or otherwise, or in such a manner as to evidence a failure to maintain proper control on the public thoroughfares or private property in the State of Arkansas.
(b) It shall be unlawful for any person to operate or drive any vehicle on the public thoroughfares or private property in the State of Arkansas in violation of the following prohibited acts:
(1) Improper or unsafe lane changes on public roadways;(c) A person who violates this section shall be subject to a fine not to exceed one hundred dollars ($100).
(2) Driving onto or across private property to avoid intersections, stop signs, traffic control devices, or traffic lights;
(3) Driving in such a manner, or at such a speed, so as to cause a skidding, spinning, or sliding of tires or a sliding of the vehicle;
(4) Driving too close to, or colliding with, parked or stopped vehicles, fixtures, persons, or objects adjacent to the public thoroughfares;
(5) Driving a vehicle which has any part thereof, or any object, extended in such fashion as to endanger persons or property;
(6) To operate any vehicle in such a manner which would cause a failure to maintain control;
(7) To operate or drive a vehicle wherein or whereon passengers are located in such a manner as to be dangerous to the welfare of such passengers; or
(8) To operate a vehicle in any manner, when the driver is inattentive, and such inattention is not reasonable and prudent in maintaining vehicular control.
Sorry I don't have any definitive answers for you... Hang tight though... Others may post their opinions as well.#1; Tue, 30 Jun 2009 20:08:00 GMT