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1977 Arkansas Attorney General Reports and Opinions 1 (1977)

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