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Arkansas Code Title 5. Criminal Offenses § 5-65-308. No probation prior to adjudication of guilt

Current as of March 28, 2024 | Updated by FindLaw Staff

(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.

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Cite this article: FindLaw.com - Arkansas Code Title 5. Criminal Offenses § 5-65-308. No probation prior to adjudication of guilt - last updated March 28, 2024 | https://codes.findlaw.com/ar/title-5-criminal-offenses/ar-code-sect-5-65-308/

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