BYRD v. STATE

No. CACR 09-1113.

2010 Ark.App. 286

ASHLIE BYRD, Appellant, v. STATE OF ARKANSAS, Appellee.

Court of Appeals of Arkansas, Division II.

April 7, 2010.


JOHN MAUZY PITTMAN, Judge.

Appellant was convicted of refusing to take a breath test. She argues on appeal that the statute is void for vagueness because it does not clearly state that it is a criminal offense. We affirm.

Appellant was stopped at 4:30 a.m. on January 19, 2008, when a police officer saw the vehicle that she was driving hit the right curb and swerve into the left lane. From her bloodshot eyes, her demeanor, and the strong odor of alcohol emanating...

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