The Arkansas Supreme Court has overturned a man’s driving while intoxicated conviction, agreeing with the state Court of Appeals that it resulted from an unconstitutional sobriety checkpoint.
Justices reversed Jeremy Whalen’s 2014 conviction that followed his arrest at an Arkansas State Police checkpoint in 2012.
Justices ruled that the state failed to show there was a pre-existing plan for the checkpoint and that officers had unfettered discretion to establish and conduct the checkpoint.
The attorney general’s office asked justices to review the Appeal Court’s December ruling striking down Whalen’s conviction, saying the decision would set a precedent for law enforcement agencies to deal with more red tape in setting up sobriety checkpoints.
Topics Personal Auto
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