A June 13, 2016 ruling in Delaware’s Court of Common Pleas can have wide implications in future DUI arrests. Judge Carl C. Danberg ruled that the “exceptionally broad” definitions of drugs allows Delaware police officers to establish probable cause for a driving under the influence arrest without identifying the specific substance a person may have used. The ruling followed a defendant’s motion to suppress evidence from a June 2015 arrest. The defendant argued that the arresting Delaware State Police officer could not determine a crime had occurred after the defendant hit another vehicle at an Instate 95 toll.
DRE = Drug Recognition Experts There is a new trend in prosecuting drug related DUI cases. That is the Drug Recognition Expert. The State of Delaware is now occasionally using Drug Recognition Experts in DUI cases. As of the writing of this article, it is unclear what Delaware’s approach to Drug Recognition Experts will be. The purpose of a Drug Recognition Expert is to a) determine whether a suspect is impaired b) determine whether the suspect is impaired because of a medical condition or the use of drugs, and c) If impaired because of drugs, what type of drugs are […]
MurrayPhillips P.A. now serving all of Delaware MurrayPhillips, a Delaware Criminal Defense law firm now serves all of Delaware. Julie Murray and Ron Phillips started their law firm on January 1, 2015. Prior to joining forces, the two lawyers each had their own law firm, Murray Law and The Law Office of Ronald D. Phillips Jr. respectively. While Phillips concentrated his efforts on criminal law and DUI with a little family law, Murray had a general practice that included civil litigation, real estate and Wills and Estates. Phillips has practiced extensively in Kent and Sussex County while Murray focused her […]
Memorial Day weekend is just a few short days away. The boardwalk, the beach, the smell of the ocean and Thrasher’s French fries, crowds, sunburns and all those things we associate with the first weekend of summer will be upon us. Unfortunately, along with all the pleasant experiences, there are also some things we hope to avoid on Memorial day weekend at the beach; traffic tickets, noise complaints, DUI, disorderly conduct and drunk in public are some of the more unpleasant that many will experience this weekend. Far too many have learned the hard way about the Delaware saying […]
Delaware DUI First Offenders Program (FOP) Effective February 1, the Delaware DUI First Offenders Program (FOP) has changed. The essential change is that the Delaware DUI First Offenders Program now makes the installation of an ignition interlock device mandatory for all first offenders. Although the ignition interlock or Delaware FOE- IID program has been available for several years, this change effectively eliminates the former DUI First Offenders Program. Delaware DUI Laws Regarding the FOE-IID Previously, a person eligible for the first offenders program could choose between the traditional first offenders program and the FOE-IID program. Under the traditional first offenders […]
The U.S. Supreme Court changes the law on DUI blood tests in Delaware DUI cases. The United States Supreme Court appears to have modified its position on whether a police officer needs to obtain a warrant before subjecting a Defendant to a blood test in DUI cases. Previously, the Supreme Court decided in Schmerber v. California, that it was permissible to obtain a DUI blood test without a warrant. Where an officer believed that he was facing an emergency situation and the delay caused by getting a warrant threatened the destruction of evidence, a police officer was permitted to take […]
January 2, 2015 Lowering the Delaware DUI Limit to .05 The National Traffic Safety Board (NTSB) has recommended that Delaware and other states consider lowering the DUI BAC (blood alcohol content) limits from .08 to .05. To put this in perspective, under the current threshold, on average, a female weighing 140 pounds could have two drinks in an hour before reaching the threshold before reaching the Delaware DUI limit. Under the new threshold, she could have only one. Meanwhile, a 180 pound man could have slightly less than four drinks and still be under the current Delaware DUI limit, while […]