COM. v. BALL


691 S.W.2d 207 (1985)

COMMONWEALTH of Kentucky, Movant, v. Donald R. BALL, Respondent.

Supreme Court of Kentucky.

June 13, 1985.


Attorney(s) appearing for the Case

William J. Wehr, Asst. Campbell County Atty., Newport, David M. Lewis, Asst. Atty. Gen., Frankfort, Paul Twehues, Jr., Sp. Asst. Atty. Gen., Newport, for movant.

Dennis Alerding, Covington, for respondent.

Paul F. Isaacs, George R. Sornberger, James L. Cox, Frankfort, John R. Halstead, Somerset, amicus curiae.


STEPHENS, Chief Justice.

The issue we decide is whether under KRS 189A.010, known generally as the "slammer" bill, convictions for driving under the influence received prior to July 13, 1984 (the effective date of the present statute), can be used in applying the penalty section of the statute in determining whether a person so convicted is a second (multiple) offender.

Respondent was cited for a violation of KRS 189A.010 on July 25, 1984, less than two weeks...

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