Kentucky Supreme Court holds the new 10 year look-back provision for DUI sentencing applies to even
On Thursday the Supreme Court ruled in Commonwealth vs. Jackson and Commonwealth vs. Denson that the 10 year eligibility provision for enhancing DUI's includes past convictions up to ten years prior to a present charge. The argument against this was that it violated the ex post facto principles in that it enhanced the punishment of a crime after the conviction date.
Many defendants across the state were awaiting the Supreme Court's ruling on this issue. Now that it is entered, there will be plenty of defendants pleading guilty to second, third and fourth offense DUI's in the Courts of our Commonwealth.