FITCH v. STATE

No. CR 93-21.

853 S.W.2d 874 (1993)

313 Ark. 122

Robert FITCH, Appellant, v. STATE of Arkansas, Appellee.

Supreme Court of Arkansas.

May 10, 1993.


Attorney(s) appearing for the Case

Christopher O'Hara Carter, Mt. Home, for appellant.

Cathy Derden, Asst. Atty. Gen., Little Rock, for appellee.


GLAZE, Justice.

This case involves interpretation of the Omnibus DWI Act. The facts as stipulated are that at 11:45 p.m. on August 11, 1992, Robert Fitch, the appellant, was arrested and charged with his third offense of driving while intoxicated after a deputy sheriff was called to the scene by a neighbor; the breathalyzer test revealed a blood-alcohol level of 0.256.

Fitch was seen by neighbors and the arresting officer driving a 250 cc Suzuki three wheeler...

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