Appeals Court: Arkansas Checkpoint Unconstitutional, DUI Conviction Dismissed
Arkansas appeals court judges have reversed and dismissed a drunken-driving conviction, ruling that it resulted from an unconstitutional sobriety checkpoint.
The Little Rock Democrat-Gazette reports that Jeremy Whalen was convicted in 2014 after being arrested at an Arkansas State Police checkpoint in 2012.
In the Dec. 9 decision, Judge Waymond Brown wrote there was no evidence presented to support Whalen’s conviction.
Whalen’s attorney says he’s pleased with the ruling for his client’s sake and so Arkansas law enforcement agencies can be held accountable for running roadblocks that seize citizen drivers.
Arkansas State Police spokesman Bill Sadler says the department won’t make a statement on the rulings until it receives a record of the court decision.
Attorney general spokesman Judd Deere says the office is evaluating further legal options.