The Delaware DUI law allows only 15 days from the time of your arrest to request a hearing with the Delaware DMV. If you do not request a hearing within 15 days, your driver's license will be automatically suspended.
The Delaware DUI law has recently undergone significant changes with the passage of House Bill HB 168, effective July 1, 2012. The changes include stiffer penalties for a 2nd offense DUI and Ignition Interlock Device requirements on a BAC of .15 or higher. You can read about the legislation here.
We will use our years of experience to evaluate each case individually, and help our clients understand their legal options. We treat all of our clients with patience and compassion, and fight to resolve each case with the best possible outcome.
Whether you are a Delaware Resident, a vacationer at one of our beautiful Delaware Beaches, or just passing through for business or pleasure, getting arrested in Delaware warrants the need for an attorney who is well versed in Delaware laws with a proven record of success. If you are searching for such, you have come to the right place. When charged with Driving Under the Influence or any other criminal offense in Delaware you are subject to severe criminal and administrative penalties that carry consequences that last a lifetime. For this complicated procedure you need someone who has your best interest in protecting your rights in mind. There may be many questions you have regarding your charge; Should you fight the charge? Should you accept a plea bargain? Should you request a hearing? Should you apply for the first offender program? Should you pursue suppression of the evidence against you? Eric G. Mooney’s experience and past proven track record for results will surely provide you with the answers you need. He will be able to explain the charges and examine some of the possible challenges that you may have and ultimately assist you in deciding on the next steps to take in order for you to get your life back on track.
A Preliminary Hearing is a court hearing/process in the Court of Common Pleas. The purpose of the hearing is to determine if there is sufficient evidence against a person to make them answer to charges in the next higher court, typically Superior Court.
It is extremely important to be represented by competent legal counsel at the Preliminary Hearing, as often times the charges can be dismissed or reduced to a lesser charge at this time. Once the charges are in Superior Court, they are assigned to a specific Deputy Attorney General and resolution of the offenses can be much more difficult.
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