By
Associated Press
Published: Mon, October 22, 2007 - 1:33 pm
Last Updated: Mon, October 22, 2007 - 1:40 pm
Last Updated: Mon, October 22, 2007 - 1:40 pm
legislators to add another amendment to the state's drunk driving
law after an unintended change made in 2006 resulted in lighter
sentences for some of the worst violators.
Legislators were trying to strengthen the state law on driving
under the influence of alcohol when they amended it to let
prosecutors and judges consider previous out-of-state DUI
convictions when charging or sentencing.
But the change made it so prosecutors and judges can only
consider convictions that go back five years.
The state Appeals Court reversed a judge's decision in a case
involving Jeffery Hankins, who pleaded guilty to a July 2006 DUI
charge in Sulligent.
Hankins' attorney argued that his client did not have the
required number of DUI convictions to sentence him on the enhanced
felony provision passed in 2006, which states that a person needs
three prior convictions in the past five years.
The appellate court found that Hankins had seven prior DUI
convictions but overturned the lower court's decision because only
two of those occurred within five years of the current conviction.
(Copyright 2007 by The Associated Press. All Rights Reserved.)

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