FAYETTEVILLE -- The Arkansas Supreme Court reversed and remanded a Springdale case Thursday, ruling in a split decision the state must prove a person acted purposely, knowingly or recklessly in order to be convicted in a driving while intoxicated case.
Robert Leeka was stopped by Springdale police Aug. 5, 2013, after his vehicle swerved and ran a red light. Leeka was arrested in connection with DWI after police said he was unsteady on his feet and was acting lethargic and confused during the traffic stop.
Leeka consented to breath and blood tests at the police station. The breath test showed no alcohol in his system. The blood test found Ambien, a sleep medication.
Dr. Joyce Simon submitted a medical opinion letter for the defense in which she said Leeka "experienced a complex sleep behavior ... namely sleep-driving, which is a known adverse reaction to Ambien."
Then-Circuit Judge William Storey, hearing Leeka's appeal from Springdale District Court, issued an opinion saying no culpable mental state was required for DWI offenses and ruled there was sufficient evidence Leeka violated the DWI law. Leeka was sentenced to a day in jail, fined $300 and ordered to pay court costs.
Leeka appealed, arguing the court erred as a matter of law when it ruled the state isn't required to prove a culpable mental state under the DWI statute. Leeka argued because DWI was made part of the state's criminal code in 1983, a culpable mental state must be proven.
On appeal, the majority of justices agreed.
Three justices joined in dissent saying there had never been a culpability requirement for DWI before the state Legislature increased the punishment for DWI in 1983. They reasoned legislators intended for DWI prosecutions to remain specifically independent from the general criminal code, meaning a culpable mental state shouldn't be required.
Washington County Prosecutor Matt Durrett said he doesn't think the ruling will have a tremendous effect on DWI prosecutions, particularly alcohol, because it's not that hard to prove someone knowingly drove after drinking or taking drugs and that behavior, by its definition, is reckless because the driver is consciously disregarding a known risk.
Durrett said even if someone takes the wrong medication, he will be aware something is affecting him and shouldn't continue to drive.
NW News on 05/01/2015