Prosecutors Says State Lawmaker Not Facing Felony

OKLAHOMA CITY (AP) -- A southeast Oklahoma prosecutor says a felony charge cannot be filed against a state senator for a second offense drunken driving charge because his previous DUI was 17 years ago.<br/><br/>State

Friday, August 31st 2007, 12:04 pm

By: News On 6


OKLAHOMA CITY (AP) -- A southeast Oklahoma prosecutor says a felony charge cannot be filed against a state senator for a second offense drunken driving charge because his previous DUI was 17 years ago.

State Senator Jeff Rabon is charged with misdemeanor drunk driving after being involved in a three-car accident in Hugo Monday night.

Rabon was convicted in 1990 of DUI and of being in actual physical control of a vehicle while intoxicated.

State law allows a felony charge against anyone arrested on a second drunk driving complaint but District Attorney Laura Ross Wallis says the second offense must be within ten years of the first.

A felony conviction could force Rabon out of office.

Rabon did not return a call from The Associated Press.

Related story:

8/28/2007 - Lawmaker Arrested On Drunk Driving Complaint
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