State v. Duncan

Defendant pleaded no contest to one count of operating a motor vehicle without an ignition interlock device. When Defendant committed the criminal act, driving without an ignition interlock device was a Class IV felony. While Defendant’s case was pending, however, the legislature amended the statute to make the crime a Class I misdemeanor unless the offender had a breath alcohol concentration above a certain amount. Defendant appealed, arguing that the statutory amendment during the pendency of his case made his crime a misdemeanor rather than a felony. The Supreme Court affirmed, holding that the amendment does not apply to Defendant because it substantively redefined the offense of operating without an ignition interlock device. View "State v. Duncan" on Justia Law