The judge did say one thing that kind of surprised me. She explained to me that if the Kentucky legislature decides to change our current laws to, let's say, increase DUI penalties for subsequent DUIs committed within a ten year period (instead of the five it is currently), well, then my client will still have a DUI 2nd offense if she gets caught within those ten years notwithstanding the fact that her current DUI is expunged.
Is that constitutional? It doesn't seem to pass the smell test. Let's break it down.