HeinOnline is a subscription-based resource containing thousands of academic and legal journals from inception; complete coverage of government documents such as U.S. Statutes at Large, U.S. Code, Federal Register, Code of Federal Regulations, U.S. Reports, and much more. Documents are image-based, fully searchable PDFs with the authority of print combined with the accessibility of a user-friendly and powerful database. For more information, request a quote or trial for your organization below.
![handle is hein.sag/sagar0046 and id is 1 raw text is: STATE OF ARKANSAS
OFFICE OF THE ATTORNEY GENERAL
JUSTICE BUILDING, LITTLE ROCK
AlTORNY GCNZRAL January 5, 11
OPINION NO. 77-1
The Honorable Joe N. Peacock
Arkansas State Representative
P. 0. Box 363
McCrory, Arkansas 72101
Dear Representative Peacock:
In your letter of November 5, 1976, you asked whether or not
an Individual can be charged with both driving while intoxicated and
reckless driving at the same time. In my opinion, the answer is
yes.
Ark. Stat. Ann. §75-1003 (Repl. 1957) provides that [a]ny
person who drives any vehicle in such a manner as to indicate a
wanton disregard for the safety of persons or property, is guilty of
reckless driving. Ark. Stat. Ann. §75-1027 (Repl. 1957) provides
that [i]t is unlawful. . . for any person who is under the influence
of intoxicating liquor to drive or be in actual control of any
vehicle within this State. Thus, the offense defined in §75-1003
concerns the manner of operation of a vehicle; the offense defined
in §75-1027 concerns the condition of the operator. Each offense
involves elements not included in the other.
In People v. Skarczewski, 178 Misc. 160, 33 N.Y.S.2d 299,
aff'd, 287 N.Y. 826, 41 N.E.2d 99 (1942), the court discussed the
issue you have raised and held that driving while intoxicated and
reckless driving are not the same in law and in fact and are
separate and distinct and that a person, if found guilty of both
offenses, may be punished for each. Likewise, in State v. Sisneros,
42 N.M. 500, 82 P.2d 274 (1938), the court held:
The crime of reckless driving and that of
driving an automobile while under the influence
of intoxicating liquor, are distinct offenses
and are established by different evidence. A
conviction of one would not be a bar to a pro-
secution for committing the other offense.
82 P.2d at 278.
The foregoing opinion, which I hereby approve, was prepared by
Assistant Attorney General Jackson Jones.
WRW,JR:p](ViewImageLocal?handle=hein.sag/sagar0046&div=1&collection=&method=preview&ext=.png&size=3)