Ricky A. McCoy v. Commissioner of Public Safety

Summary

The court held that a second conviction for violating the driving-under-the-influence statute within ten years is an unclassified felony because the statute authorizes imprisonment for up to two years and the violation is not excluded as a motor vehicle violation. It reversed the trial court's judgment declaring the felony designation illegal and remanded for judgment in favor of the commissioner. Katz, J., dissenting, would have held that the statutory motor vehicle violation exception encompasses the conduct and therefore bars felony classification.