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Category Archives: DUI

DUI14

Questions About Ignition Interlock Systems in Delaware

By Michael W. Modica |

Most motorists are well-aware that a conviction for drunk driving charges can lead to extremely harsh penalties. You face a fine up to $1,500 and imprisonment for 12 months; plus, subsequent convictions and higher blood alcohol concentration (BAC) levels involve even tougher punishments. What you may not know is the application of Delaware’s law… Read More »

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Top 3 Reasons Delaware DUI Charges Get Dismissed

By Michael W. Modica |

The ideal outcome for a defendant in a drunk driving case is to get the charges tossed out of court early on in the process, which is possible under the Delaware Rules of Criminal Procedure. This rule provides multiple grounds for filing a motion to dismiss during pre-trial proceedings – well before your case… Read More »

DUI_Check

Delaware AG Implements Checkpoint StrikeForce to Nab Drunk Drivers

By Michael W. Modica |

In connection with Delaware’s Checkpoint StrikeForce (CPSF) initiative, the state’s Attorney General recently swore in 53 law enforcement officers to serve New Castle, Kent, and Sussex Counties. According to a June 24, 2019 article published by Delaware.gov, CPSF will encompass five DUI sobriety checkpoints throughout the state at multiple times during the year. These… Read More »

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Three Forms of Evidence in a Delaware DUI Case

By Michael W. Modica |

An arrest for drunk driving is just the beginning of a Delaware DUI case, since being charged is not the same as a conviction. Police only needed probable cause to make the arrest, but a prosecuting attorney needs to prove beyond a reasonable doubt that you were over the limit or impaired. At your… Read More »

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How a Delaware DUI Conviction Affects Your Career

By Michael W. Modica |

If you have been charged with drunk driving in Delaware, your mind will first turn to the criminal and administrative sanctions that you face. Upon your arrest, law enforcement will confiscate your driver’s license and your driving privileges may be suspended by the Division of Motor Vehicles for a minimum of three months. There… Read More »

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Delaware DUI Laws for Out-of-State Drivers

By Michael W. Modica |

Being arrested for Driving Under the Influence (DUI) in Delaware is a taxing, stressful experience for anyone, but it can be even more overwhelming if you live out-of-state. There are implications for your driving privileges in Delaware, and potentially for your driver’s license in the state that issued it. Plus, various aspects of a… Read More »

DUI5

Two Ignition Interlock Device Programs Under Delaware Drunk Driving Laws

By Michael W. Modica |

The majority of state in the US have enacted statute related to ignition interlock devices (IID) as a way to discourage motorists from violating drunk driving laws. An IID is essentially a type of breathalyzer machine that is electronically linked to your car’s engine. The device incorporates technology that prevents your vehicle from starting… Read More »

DUI8

Fifth DUI Charges for Delaware Woman

By Michael W. Modica |

A simple traffic violation led to an arrest on multiple offenses for a Lewes, DE woman, but among the most serious charges is a fifth offense for Driving Under the Influence of alcohol. Delaware Online reported on the January 2, 2018 incident, as the woman ran a red light at an intersection and was… Read More »

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Drugged Driving Still a Crime After Marijuana Decriminalized in Delaware

By Michael W. Modica |

Many states in the US have decriminalized the use of marijuana in recent years; in 2015, Delaware enacted legislation making the possession and personal use of up to an ounce of pot a $100 civil fine. Under the previous law, an offender could face a huge fine and maximum six months in jail. However,… Read More »

DUI_Check

Frequently Asked Questions About Sobriety Checkpoints in Delaware

By Michael W. Modica |

Delaware law enforcement officers implement different strategies to deter drunk driving, including sobriety checkpoints. If you check newspapers and online resources, you may see an article describing an upcoming stop. For example, on Delaware Online, there were five DUI checkpoints reported in the days before the Labor Day 2017 holiday. Police often use sobriety… Read More »

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