Williford v. State, CR
| Decision Date | 28 January 1985 |
| Docket Number | No. CR,CR |
| Citation | 683 S.W.2d 228,284 Ark. 449 |
| Parties | Dennis Eugene WILLIFORD, Appellant, v. STATE of Arkansas, Appellee. 84-204. |
| Court | Arkansas Supreme Court |
Charles E. Hanks, Fayetteville, and Kenford O. Carter, Yellville, for appellant.
Steve Clark, Atty. Gen. by Jack Gillean, Asst. Atty. Gen., Little Rock, for appellee.
In a non-jury trial Williford was convicted of DWI, fourth offense, and was sentenced to a year's imprisonment, a $1,000 fine, and revocation of his driver's license for three years. His appeal, presenting six arguments for reversal, comes to this court under Rule 29(1)(c). We affirm the judgment.
Two of the arguments, that the Omnibus DWI Act relieves the State of its burden of proof and is void for vagueness, were answered in Lovell v. State, 283 Ark. 425, 678 S.W.2d 318 (1984). A third, that the statute violates the separation of governmental powers, was answered in Sparrow v. State, Ark., 683 S.W.2d 218 (1985).
Fourth, the arresting officer took Williford to the police station and administered a breathalyzer test, which showed a blood alcohol content of .20%. The statute provides that the person tested may request an additional test at his own cost. Ark.Stat.Ann. § 75-1045(a)(3) (Supp.1983). It further provides that a law enforcement officer's refusal to assist the person in obtaining an additional test precludes proof of the test taken at the direction of a law enforcement officer. § 1045(c)(3).
It is argued that the officer must assist the person to the fullest possible extent in tapping his financial resources, including transportation necessary for him to raise cash and transportation to the test site. We do not read the statute as penalizing anything other than an officer's refusal to provide assistance that is reasonable at the time and place. This incident occurred at about 2:00 a.m. Williford signed a form informing him with regard to the officer's test: At the bottom of the form Williford signed a statement requesting an additional test and agreeing to pay for it.
The arresting officer testified he told Williford that he would take Williford to the hospital for a test, for which the hospital required $50.31; but Williford had only $2.15. The officer also offered to allow Williford to use the telephone. There is no indication that Williford requested anything else. He did not testify at the trial. In view of the officer's testimony...
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...the assistance afforded Bert Scalco by Officer Jeff Myers in obtaining the blood test was entirely reasonable. Williford v. State, 284 Ark. 449, 683 S.W.2d 228 (1985). The majority, though, decides this case on a procedural ground that was not briefed by the parties. The procedural facts ar......
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State v. Messner, Cr. N
...personnel access to the accused if in custody. E.g., Bilbrey v. State, 531 So.2d 27, 29 (Ala.Ct.Crim.App.1987); Williford v. State, 284 Ark. 449, 683 S.W.2d 228, 229 (1985); Commonwealth v. Rosewarne, 410 Mass. 53, 571 N.E.2d 354, 356 (1991); State v. Bumgarner, 97 N.C.App. 567, 389 S.E.2d ......
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...because it is a certified part of the court record. See Peters v. State, 286 Ark. 421, 692 S.W.2d 243 (1985); Williford v. State, 284 Ark. 449, 683 S.W.2d 228 (1985). We find no merit in any of the points raised for reversal, and therefore, we Affirmed. CORBIN and GLAZE, JJ., agree. ...
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Janes v. State, CR
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