Tamara Cornell v. State of Arkansas
2025 Ark. App. 321
Ark. Ct. App.2025Background
- Tamara Cornell was convicted in Sebastian County Circuit Court of driving while intoxicated (DWI), third offense, after an early-morning police stop following a tip about her intoxication.
- Witnesses reported to law enforcement that Cornell, identified by her nephew, left a bar very intoxicated, evaded attempts to block her, and was observed running red lights.
- Captain Mayhugh of the Barling Police Department stopped Cornell, observed signs of intoxication, and arrested her after she refused field-sobriety tests and failed to provide an adequate breath sample.
- With the local breathalyzer inoperable, Cornell was transported to another facility for testing, but was unable to provide a sufficient breath sample; she was then offered, and declined (due to inability to pay), a blood test at her own expense.
- Cornell appealed her jury conviction, arguing lack of probable cause for the stop and inadequate assistance in obtaining a blood test, raising for the first time on appeal that the State should have paid for it.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Probable cause for traffic stop | No substantial evidence supported stop; thus, evidence from stop inadmissible | Cornell did not preserve the argument by timely motion or objection | Argument not preserved; not reviewed |
| Adequate assistance in obtaining blood test | Was not properly advised or assisted, and State should have paid | State complied with law; Cornell did not preserve argument below | Not preserved; not reviewed |
Key Cases Cited
- Rodriguez-Berdecia v. State, 2024 Ark. App. 614 (requirement of contemporaneous objection to preserve issues for appeal)
- Ballew v. State, 305 Ark. 542 (defendant is responsible for cost of additional chemical tests in DWI cases)
- Curl v. State, 2019 Ark. App. 200 (failure to move for directed verdict waives sufficiency challenge on appeal)