OKLAHOMA CITY — You may remember when former Oklahoma City Council member Skip Kelly was arrested for the second time for a DUI in January of 2012.
Police say Kelly’s car had left skid marks on the side of the road and took out a fire hydrant on NW 63rd near Western.
A big factor for Kelly was that this was his second DUI in less than 10 years. It would have been a misdemeanor except for a 2011 law that changed the second DUI into a felony.
Attorney Charles Sifers explained that although Kelly received a deferred sentence and he thought it was behind him, the 2011 amendment changed that.
“Skip Kelly had a deferred sentence for a DUI before 2011. He picked up another one after that change of statute and that made it a felony,” Sifers says.
Monday we’ve learned that another case that falls under this retro-active factor was ruled on and it was found that the courts could not use it for cases settled before the 2011 law.
Sifers said this affects many Oklahomans.
“There are hundreds maybe thousands of cases pending in Oklahoma that were made felony DUI’s that the court says now can’t be felonies. I expect there could be legal steps taken in the near future to undo that,” Sifers explains.