Procedure for driver's right to contest entries

  1. Law
  2. Arkansas Code
  3. Transportation
  4. Motor Vehicular Traffic
  5. Penalties And Enforcement
  6. Central Driver's Records File
  7. Procedure for driver's right to contest entries

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  1. (a)

    1. (1) Every driver on whom a record of traffic violations has been compiled shall have the right to contest any entry made in his driver's record.

    2. (2) If the driver disputes any entry on his or her record he or she must, in order to preserve his or her rights under this section, notify in writing the Office of Driver Services within thirty (30) days of receipt of the report provided for in § 27-50-902.

  2. (b)

    1. (1) The notification, as required, shall set forth in detail the ground upon which the driver bases his or her objections to the entry.

    2. (2) Within thirty (30) days after receipt of the notice, the office shall either remove the entry from the driver's record or notify the driver that the office finds the entry to be correct and that the entry shall remain a part of the driver's record.

    3. (3) If the office finds the entry to be correct, the notification of this fact to the driver shall state the grounds for the finding.

  3. (c)

    1. (1) In the event the office finds the entry to be correct, the aggrieved driver may file suit in the circuit court of the county in which the driver resides within twenty (20) days after receiving notice from the office that the entry was found to be correct to seek an order from the court requiring the office to change or delete the entry from the driver's record.

    2. (2) The court's review of such an action shall be limited to a determination of whether the office had just cause to record the traffic violation in question on the record of the aggrieved driver and whether the office acted in compliance with §§ 27-50-902 and 27-50-903.

    3. (3) The burden of proof in the action shall be upon the driver instituting the action.

  4. (d)

    1. (1) If the court finds the entry to be incorrect, it shall order the office to amend the entry or delete the entry entirely.

    2. (2)

      1. (A) A driver who has brought suit to require a change in his or her record and who has obtained an order of the court requiring the change may file a claim for his or her attorney's fees and any other damages he or she may have suffered with the Arkansas State Claims Commission.

      2. (B) The claim shall be filed in the manner required by law.


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