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.