Bentonville Traffic Offense Lawyer
Advocating for Drivers in Rogers, AR; Fayetteville, AR; Springdale, AR
Attorney Ramon Bertucci has years of professional experience handling misdemeanors and felonies alike. Whether you have legal concerns about being charged with driving on a suspended license, DWI, or even vehicular homicide, an experienced attorney can help you develop a strong case to move forward.
Driving Without a License
There are a few ways an individual may be guilty of driving without a license – not having their license in immediate possession, not possessing a valid license, or driving on a suspended or revoked license. By law, all Arkansas drivers are required to possess and, if requested by an officer, display a valid driver’s license. Failure to do so could be punishable by up to 90 days in jail and a maximum $500 fine. However, if the driver is able to produce later, in court or at the police station, a driver’s license that was valid at the time of the officer’s request, the charge may be dismissed.
If a driver is operating a vehicle without a valid license, though, they will face a misdemeanor conviction punishable by up to 6 months in jail and a maximum $500 fine. The few exceptions to this rule are non-resident drivers with a valid driver’s license from their home state or country, who can drive in the state without an Arkansas license if they are of a legal age, and military personnel and farmers not driving on the highway.
The consequences for driving on a suspended or revoked license are more severe, and any person who operates a vehicle while on a suspended, restricted, or revoked license will be subject to up to 6 months in jail, up to $500 in fines, and an extended driver’s license suspension for one year or the same amount of time as the original suspension. Any vehicle driven on a suspended license can also be impounded.
Driving While Intoxicated
In Arkansas, a driver can be convicted of driving while intoxicated (DWI) if they operate or are in actual physical control over a vehicle and have a blood alcohol concentration (BAC) of at least .08% or their reaction and motor skills are substantially altered due to ingesting alcohol, a controlled substance, or any other intoxicant.
The penalties for misdemeanor DWI depend on the severity of the offense and how many prior DWI convictions a person has within the last 5 years:
- 1st offense: 24 hours to 1 year in jail; $150-$1,000 in fines; and at least 24 hours of community service
- 2nd offense: 7 days to 1 year in jail; $400-$3,000 in fines; and at least 30 days of community service
- 3rd offense: 90 days to 1 year in jail; $900-$5,000 in fines; and at least 90 days of community service
Convicted drivers can also face periods of license suspension depending on their number of prior offenses, but in certain cases they may request a restricted license during this period, which will grant them limited driving privileges to commute to essential places like work and school. Note that Arkansas also implements implied consent laws that could impose further license revocations if violated. Learn more about the specific penalties and relief options for DWI by visiting our DWI page.
A serious driving offense in Arkansas is vehicle homicide, or negligent homicide, which is when a motorist negligently causes the death of another person while driving. Note that “negligence” is when a person unknowingly does something that poses a substantial and unjustifiable risk to others.
A key element of a vehicular homicide conviction is that the prosecutor show clear proof that the negligent driving was a legal cause of the other person’s death. In other words, it is not enough to merely show the defendant drove negligently and someone died; there needs to be a direct causal link between the defendant’s driving and the death.
Generally, negligent homicide is a Class A misdemeanor punishable by up to 1 year in jail and/or a maximum $2,500 in fines. However, negligent homicide rises to a Class B felony level if the driver committed the offense while:
- intoxicated on drugs or alcohol;
- having a blood alcohol concentration (BAC) of .08% or more;
- unlawfully passing a school bus; or
- fatigued (without sleep for at least 24 hours).
Negligent homicide at a Class B felony level warrants 5 to 20 years in prison and up to $15,000 in fines. Note that all negligent homicide convictions will result in a 1-year license revocation.
Charged with a Traffic Offense?
If you have been charged with a traffic offense in Bentonville, Arkansas, consult an experienced lawyer immediately for legal guidance. Depending on your type of traffic offense, be it a misdemeanor or a felony, you will need an attorney by your side to help you address any potential litigation or other legal consequences. Bertucci Law Firm has handled many such cases throughout its professional career and can help strategize an appropriate response to your charges.
Battery II, Domestic Battery III, Resisting Arrest Battery II, Domestic Battery III Dropped
DWI #2, Open Container, No Insurance No Jail, No Insurance/Open Container Dropped
Terroristic Threatening, Violation of a No Contact Order, Harassing Communications All Charges Dropped
Domestic Battery 3rd Degree Prosecutor to Dismiss Charges
Great Relationships with the Local Judges & Prosecutors
Available 24/7 Via Phone, Email, In-Person & Zoom
Handled Thousands of Felony & Misdemeanor Cases
You Get to Work Directly With Attorney Bertucci From Start to Finish
“Ramon Bertucci was an excellent attorney. He went above and beyond.”- Sergej R.
“The number 1 best attorney in Northwest Arkansas for the price and experience.”- Reverend R.
“If you are in need of a criminal attorney, stop looking and give him a call!!”- Cindy C.