A Pine Bluff man was sentenced to two years in prison Monday after pleading guilty in Garland County Circuit Court to a felony count of driving while intoxicated, fourth offense, stemming from a traffic stop last year in Hot Springs.
Daniel Wayne Qualls, 35, pleaded guilty to the felony charge and was sentenced to six years in prison, with four years suspended, fined $2,000 and ordered to pay $340 in court costs. His sentence is to run concurrent with the revocation of his probation from a 2013 felony conviction for theft of property more than $1,000.
According to the probable cause affidavit, on Oct. 31, 2017, shortly after 10 a.m., Arkansas State Police Trooper Ryan Wingo was at the Zip N gas station, 2747 Airport Road, when a man, later identified as Qualls, came in and asked the clerk for credit for gas which the clerk refused.
As Qualls left, Wingo noted an odor of intoxicants on him and then saw him get into the driver's seat of a car and head east on Airport. Wingo followed watching for violations as Qualls turned onto South Moore Road and pulled behind a residence there.
Having run his license plate and knowing Qualls lived in Pine Bluff, he noted he was concerned he might be trespassing so he activated his lights to make a traffic stop. As he approached the vehicle, Qualls got out and started to walk away, ignoring Wingo's commands to sit back down in the car.
At that point, Wingo grabbed Qualls and ordered him to put his hands on the trunk and asked him what he was doing. Qualls said he was "fine" and wasn't doing anything. Wingo notes he could still smell alcohol on his breath.
Wingo asked Qualls if he had been drinking any alcohol and Qualls said he "drank a little bit" earlier. Qualls agreed to submit to a portable breathalyzer test which showed he was over the limit. At that point, Qualls admitted he was drinking vodka, which was under his seat, while driving to the gas station.
Qualls submitted to field sobriety tests and reportedly failed all three so he was arrested for DWI. At the detention center, Qualls submitted to a second breathalyzer test, registering 0.10 percent blood-alcohol, still over the legal limit.
Criminal history records revealed Qualls was previously convicted of DWI on Dec. 29, 2013, in Pinellas County, Fla.; on April 25, 2015, in Jefferson County; and on Aug. 14, 2015, in Jefferson County.
Garland County Public Defender Tim Beckham had filed a motion to suppress the traffic stop on March 1, 2018, arguing Wingo did not have probable cause to make the stop since Qualls had not violated any laws at that point.
On April 24, Judge John Homer Wright denied the motion, ruling that Qualls had willingly signed a search waiver and consented to testing which "eliminates the existence of reasonable suspicion."
Local on 06/12/2018