Arkansas § 27-21-109 Defenses to prosecution - Definition

Arkansas Statutes

§ 27-21-109 — Defenses to prosecution - Definition

Arkansas § 27-21-109

Title27

This text of Arkansas § 27-21-109 (Defenses to prosecution - Definition) is published on Counsel Stack Legal Research, covering Arkansas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Ark. Code Ann. § 27-21-109 (2026).

Text

(a)It is not a defense to a prosecution under this chapter that the driver or operator possesses a valid driver's license or motorcycle operator's license.

(b)It is a defense to prosecution under § 27-21-106 for a violation of operating an all-terrain vehicle upon a public street or highway if the all-terrain vehicle operator can show by a preponderance of the evidence that:

(1)The public street or highway was outside the city limits of any municipality or incorporated town in Arkansas;

(2)The public street or highway was not an interstate highway;

(3)Traveling on the public street or highway was the most reasonable route of access available to him or her from:

(A)One off-road trail to another off-road trail; or (B) His or her private property to an off-road trail; and (4) His or her

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(a) It is not a defense to a prosecution under this chapter that the driver or operator possesses a valid driver's license or motorcycle operator's license. (b) It is a defense to prosecution under § 27-21-106 for a violation of operating an all-terrain vehicle upon a public street or highway if the all-terrain vehicle operator can show by a preponderance of the evidence that: (1) The public street or highway was outside the city limits of any municipality or incorporated town in Arkansas; (2) The public street or highway was not an interstate highway; (3) Traveling on the public street or highway was the most reasonable route of access available to him or her from: (A) One off-road trail to another off-road trail; or (B) His or her private property to an off-road trail; and (4) His or her purpose for riding on the public street or highway was to get from: (A) One off-road trail to another off-road trail; or (B) His or her private property to an off-road trail. (c) As used in this section, "his or her private property" means real property that an operator of an all-terrain vehicle: (1) Owns; (2) Leases; (3) Resides at with the owner or lessee of the real property; or (4) Is staying at for a specific period of time as an invitee, including without limitation a: (A) Vacation resort; (B) Rental cabin; (C) Deeded timeshare; or (D) Right-to-use timeshare.

Legislative History

Amended by Act 2018EX2, No. 11,§ 1, eff. 3/19/2018. Amended by Act 2018EX2, No. 2,§ 1, eff. 3/19/2018. Amended by Act 2017, No. 272,§ 3, eff. 8/1/2017. Amended by Act 2017, No. 272,§ 2, eff. 8/1/2017. Acts 1987, No. 804, § 4; 2003, No. 543, § 1.