Commonwealth v. Pace

GRAVES, Justice.

In June 1999, Appellee, Ricky W. Pace, was arrested for DUI while operating his all-terrain vehicle (ATV). He was subsequently indicted in the Harlan Circuit Court for DUI, fourth offense in five years; driving while his license was suspended for DUI, second offense; and for operating an ATV on a highway and operating an ATV without wearing a helmet. Appellee was found guilty on all charges and sentenced to a total of five years imprisonment. The Court of Appeals reversed the conviction for DUI, fourth offense, and this Court thereafter granted discretionary review. For the…