Fitch v. State

We backed ourselves into a corner with our ruling in Sanders v. State, 312 Ark. 11, 846 S.W.2d 651 (1993) where we held that one may be guilty of DWI even if the offense occurs on private property.

This was a good decision for the public welfare under a good set of facts that were comfortable to use to make a decision. The same holds true to the facts in the instant case. However, I am afraid that we engaged in a “little legislating” to reach the conclusion in Sanders. If we are going to be guilty of a “little legislating” let us amend our “judicial act.” We should limit this case today to the…