Opinion No.

The Honorable Jerry Hunton State Representative 14221 Greasy Valley Road Prairie Grove, Arkansas 72753

Dear Representative Hunton:

This is in response to your request, on behalf of a constituent, for an opinion concerning the validity of a proposed municipal ordinance. The proposed City of Farmington ordinance prohibits inattentive driving and is comparable to A.C.A. § 27-51-104(b)(8) (Supp. 1995) which also prohibits inattentive driving. The state statute provides that a person who violates the statute shall be subject to a fine not to exceed $100.00; however, the municipal ordinance provides…