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HARBOUR v. STATE

No. CR 90-300.

807 S.W.2d 663 (1991)

305 Ark. 316

Billy Ray HARBOUR, Appellant, v. STATE of Arkansas, Appellee.

Supreme Court of Arkansas.

April 29, 1991.

Attorney(s) appearing for the Case

Gary R. Burbank, El Dorado, for appellant.

Clint Miller, Asst. Atty. Gen., Little Rock, for appellee.

DUDLEY, Justice.

Appellant was charged by a police citation with driving while intoxicated. At the time of the arrest, the arresting officer had not been given the required psychological evaluation. The statute applicable at that time provided that any action taken by such an officer "shall be held as invalid." See Ark.Code Ann. § 12-9-108(a) (1987). Appellant filed a motion to dismiss in which he contended that the charging instrument, the police citation...

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