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Posts Tagged ‘dui blood test’

Gathering Evidence at a Traffic Accident in Delaware

Written by Kay Passwaters on . Posted in DUI, Traffic, Traffic Violations

You may try your best to be a careful driver, but sometimes accidents occur. If you’re in a traffic accident in Delaware and are accused of reckless driving that has caused the accident, it is important that you take steps to protect yourself. There are several ways you can gather evidence at the accident scene that can later help you and your criminal defense attorney build the best defense against the charges that may face you.

Court of Common Pleas

Written by Kay Passwaters on . Posted in Court School, Criminal Law, Drug Crimes, DUI

So far we have talked about the Justice of the Peace Courts and Family Court. So now let’s talk about the Court of Common Pleas – sometimes called CCP. The Court of Common Pleas has both civil and criminal jurisdiction. In civil cases, cases with an amount in controversy up to 50,000 can be heard. CCP also handles change of name petitions, habitual motor vehicle hearings and appeals from DMV and JP proceedings. In civil matters like these, there are no jury trials. In criminal cases, CCP has jurisdiction over all misdemeanors except certain drug offenses, all criminal motor vehicle offenses, preliminary […]

Supreme Court Changes law on Delaware DUI Blood Tests

Written by Ron Phillips on . Posted in DUI

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 […]

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