State v. Duncan
Annotate this CaseDefendant 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.
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