BY RANDALL CHASE | ASSOCIATED PRESS | OCTOBER 09, 2019 05:15 PM, UPDATED OCTOBER 09, 2019 05:16 PM

Delaware court officials have abruptly changed the rules for handling drunken driving cases, bowing to pressure from the attorney general's office.

Delaware's Supreme Court issued a directive last week giving prosecutors up to 150 days to dispose of DUI cases in the Court of Common Pleas. The previous rule called for case disposition within 90 days, which remains the standard for non-DUI cases. The justices also mandated case reviews for all DUI prosecutions in Common Pleas court.

The move comes after Delaware's Department of Justice complained about the handling of DUI cases by Court of Common Pleas judges in southern Delaware, a rapidly growing area with popular beach destinations that has seen a disproportionately high number of DUI arrests. The Sussex County court, unlike CCP courts in New Castle and Kent counties, has not required DUI case reviews in the past.

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BY WBOC | OCTOBER 09, 2019 1:53 PM, UPDATED OCTOBER 09, 2019 1:53 PM

DOVER, Del. (AP)- Delaware court officials have abruptly changed the rules for handling drunken driving cases, bowing to pressure from the attorney general's office.

In a directive issued last week, Delaware's Supreme Court justices unanimously agreed to give prosecutors up to 150 days to dispose of DUI cases in the Court of Common Pleas. The previous rule called for case disposition within 90 days.

The justices also mandated case reviews for all DUI prosecutions in Common Pleas court.

The move comes after prosecutors complained about the handling of DUI cases by Court of Common Pleas judges in southern Delaware, where there are a disproportionate number of DUI arrests.

Meanwhile, prosecutors have carried through on a threat to bypass the Common Pleas court in Sussex County and indict misdemeanor DUI defendants in Superior Court.

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Attorney Profiles

Eric G. Mooney, Esq.

Eric Mooney
  • DUI
  • DWI
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Telephone: (302) 856-3070
Fax: (302) 856-2177
Email: info@dedefense.com

Michael W. Andrew, Esq.

Michael Andrew
  • DUI
  • DWI
  • Pardons and Expungements

Telephone: (302) 856-3070
Fax: (302) 856-2177
Email: info@dedefense.com

Legislative Updates

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.

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