Penalty change for DUI
I was charged with DUI on July 21st, but wasn't given a court appearance date until Sept. 19th. In the mean time the penalty for first time DUI was changed on August 3rd which basically doubled everything. Will I be subject to the new penalty or what the penalty was at the time of my offense?
Asked on 8/03/07, 11:00 pm
1 Answer from Attorneys
JAY Nixon
nixon law offices
Drunk Driving Penalty Change, Old Law or New Law?
Any law which depends upon a specific event on a date certain would be the applicable law for that case, regardless of subsequent law changes. The "Ex Post Facto" prohibition of the United State Constitution guarantees this right.
Answered on 8/05/07, 10:28 am