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Ark. Code Ann. § 27-21-109

Defenses to prosecution — Definition

Acts 1987, No. 804, § 4; 2003, No. 543, § 1; 2017, No. 272, §§ 2, 3; 2018 (2nd Ex

(1) It is not a defense to a prosecution under this chapter that the driver or operator possesses a valid driver's license or motorcycle operator's license.

(2) It is a defense to prosecution under § 27-21-106 for a violation of operating an all-terrain vehicle upon a public street or highway if the all-terrain vehicle operator can show by a preponderance of the evidence that: The public street or highway was outside the city limits of any municipality or incorporated town in Arkansas;

(3) The public street or highway was not an interstate highway;

(4) Traveling on the public street or highway was the most reasonable route of access available to him or her from: One off-road trail to another off-road trail; or

(5) His or her private property to an off-road trail; and

(6) His or her purpose for riding on the public street or highway was to get from: One off-road trail to another off-road trail; or

(7) His or her private property to an off-road trail.

(8) As used in this section, “his or her private property” means real property that an operator of an all-terrain vehicle: Owns;

(9) Leases;

(10) Resides at with the owner or lessee of the real property; or

(11) Is staying at for a specific period of time as an invitee, including without limitation a: Vacation resort;

(12) Rental cabin;

(13) Deeded timeshare; or

(14) Right-to-use timeshare.

Current official text: Arkansas General Assembly. Digitized from the UniCourt Code Improvement Commission public-domain capture. Reproduced from public-domain Arkansas statutes; confirm against the official source for the current text. Not legal advice.