Ballinger v. Commonwealth
Annotate this CaseIn 2010, Defendant was charged in the Warren District Court with driving under the influence (DUI) second offense. However, earlier in 2010, Defendant had twice been charged with DUI in the Barren District Court. Therefore, the Warren County Attorney requested that the Warren County charge be continued pending the outcome of the Barren County proceedings. After Defendant pled guilty to both of the Barren County Charges, the Commonwealth was given an indictment against Defendant in Warren County for DUI fourth offense, the two new Barren County convictions counting as Defendant’s second and third predicate convictions. The trial court concluded that Defendant could only be charged and convicted of DUI second offense. The Court of Appeals reversed, holding that Defendant’s two Barren County convictions were eligible predicate offenses because the convictions were entered prior to the resolution of the Warren County charge. The Supreme Court affirmed, holding that Defendant’s Barren County DUI charges were eligible as predicate offenses should the Warren County proceeding result in a conviction. Remanded.
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