12 CAR § 131-202 – Violations not subject to administrative disposition

(a) The decision to issue an administrative citation, in lieu of other processes, rests in the discretion of the military reservation police officer in accordance with the ethical duties of his or her profession.
(b) However, certain offenses may not be disposed of administratively due to:
1. (1) The severity of the violation;
2. (2) Logistical demands; or
3. (3) Preemptive law.
(c) The following categories of violations are not subject to administrative disposition:
1. (1) Any conduct that would constitute reckless driving, reference Arkansas Code § 27-50-308;
2. (2) Any offense cognizable under the Omnibus DWI or BWI Act, Arkansas Code § 5-65-101 et seq.;
3. (3) Any offense conducted in concert with a felony offense;
4. (4) Any offense resulting in damage to property or injury to persons;
5. (5) Any offense related to state licensing, registration, or insurance requirements; and
6. (6) Any offense committed by a person possessing a commercial driver’s license.
(d) Although these offenses are not subject to disposition through administrative citation, disposition through an alternative method, as identified in 12 CAR § 131-203, is appropriate.