§ 16-17-131 — Failure to appear - Required appearance - Suspension of driver's license

Arkansas § 16-17-131

• Jurisdiction: Arkansas
• Title: 16

Text

(a) A person required to appear before a district court in this state, having been served with any form of notice to appear for any criminal offense, traffic violation, or misdemeanor charge, shall appear at the time and place designated in the notice. (b) (1) If a person has failed to appear in district court, the district court may suspend the person's driver's license if the district court: (A) Orders the suspension to begin thirty (30) days after the date of the order if the person fails to make arrangements to appear; and (B) Transmits a copy of the order electronically, by fax, or by letter to the Office of Driver Services. (2) The Department of Finance and Administration shall notify the person by first class mail sent to the person's last known address that he or she risks having his or her driver's license suspended if the person does not make arrangements with the district court to appear within thirty (30) days of the date of the order suspending the driver's license. (3) (A) If the person makes sufficient arrangements within thirty (30) days to appear, the district court shall issue a new order stating that the person's driver's license is not suspended as directed under subdivision (b)(1) of this section. (B) The district court shall transmit a copy of the order rescinding the suspension of the person's driver's license to the department electronically, by fax, or by letter. (C) Upon receipt of the order, the department shall immediately reinstate the person's driver's license and shall not require a reinstatement fee. (c) (1) (A) If the person makes arrangements with the district court within thirty (30) days of the date of the notice and appears at the arranged time and location, the district court shall not suspend the person's driver's license. (B) However, if the person fails to make arrangements to appear within thirty (30) days, the driver's license may be suspended until the person appears and completes the sentence ordered by the district court. (2) To suspend a driver's license, the district court must provide the department with the reason for the suspension and the person's full name, date of birth, and last known address. (3) The district court may issue an order for a restricted driving permit in accordance with § 27-16-916 . (d) After the person satisfies all requirements of the sentence, the department shall assess the current fees for reinstatement of a driver's license. (e) (1) An acquittal or a dismissal of a charge of failure to appear that is used as the basis to suspend the person's driver's license shall reverse the suspension of the person's driver's license under this section. (2) Upon an acquittal or dismissal of a charge as described in subdivision (e)(1) of this section, the office shall reinstate the person's driver's license without charging a reinstatement fee, and the charge shall not be used to determine the number of previous offenses when administratively suspending the person's driver's license in the future.

Legislative History

Amended by Act 2021, No. 1049,§ 2, eff. 7/28/2021. Acts 2001, No. 1243, § 1; 2003, No. 1185, § 119.