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STATE v. ZIEGENBEIN4/2/1984
existed as long as automobiles have been driven upon our streets and highways. The facts stated in this emergency clause are nothing more than a restatement of the problem which is recognized by all who have an interest in the subject.
At the time of the trial in this case it was apparently obvious that the new act had not made any impression that it was helping to solve the old problem because no evidence was introduced to that effect. Every factual statement in this emergency clause was true long before the first DWI law was passed. An emergency has been described as "unforeseen occurrence, sudden and urgent occasion for action pressing necessity, crisis, dilemma, quandary, last-minute
need, eleventh hour obligation . . ." The Synonym Finder, (J.I. Rodale ed. 1961).
We do not accept the facts stated in an emergency clause as being an emergency merely because it so states or because it serves a necessary function.
In the recent case of Henderson v. Russell, 267 Ark. 140, 589 S.W.2d 565 (1979) we found an emergency clause to be ineffective. We held that although the emergency clause stated facts declared to be an emergency, an emergency did not exist. I think the same rule applies here. I think fair minded and intelligent people would agree that the factual recitations in this emergency clause stated nothing more than facts which have existed for many years.
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