Delaware drivers charged with DUI entitled to only one trial

Delaware Drivers charged with misdemeanor driving under the influence, whether its their first or second offense will now get only a single opportunity for a criminal trial.

This is the effect of the General Assembly's late June passage of a measure that targeted a change in state law letting DUI defendants who were found guilty in Justice of the Peace Court to have their case retried on the merits in the Court of Common Pleas.

The legislation, House Bill 207, was signed by Governor Carney on June 30, and went into effect right after. Under the new law, the Justice of the Peace Court can now accept guilty pleas in DUI cases, but only the Court of Common Pleas can hear trials for those defendants who choose to go to trial.

Officials say that this change, supported by both the Department of Justice and the judiciary, streamlines the criminal justice system, gives consistency in the disposition of these serious offenses and reduces the impact of multiple trials on civilian witnesses, police and prosecutors. The efficiencies will reportedly let police and prosecutors focus on stopping and prosecuting other crimes.

Attorney General Matt Denn says, "The passage of this law was important for two reasons. The first was justice. Everyone is entitled to a trial, but there should not be a special group of defendants who are entitled to two trials. The second reason was effective use of the criminal justice system's resources. With the passage of this bill, DUI offenders will treated consistently, and police officers, prosecutors, and witnesses will be freed of the burden of multiple trials. Police, prosecutors, and DOJ staff will be able to dedicate their attention to other cases at a time when government services are short staffed, and police officers will be able to get back on the road and prevent other crimes."

Chief Justice Leo E. Strine Jr. says, "When resources are tight, it is vital to use them well. By focusing all non-felony DUI trials in the Court of Common Pleas, H.B. 207 will maximize efficiency for prosecutors, defense counsel, police, and the judiciary itself.  Precisely to cut down on the inconvenience and waste that sometimes resulted from splitting DUI jurisdiction between two different courts — and leaving room for procedural maneuvering between them — the Joint Study of the Delaware Courts Conducted by the Delaware State Bar Association and the American College of Trial Lawyers recommended this useful step."

Attorney General Denn expressed his appreciation to the legislative sponsors of the bill, Representative Helen Keeley, Senator Margaret Rose Henry and Senator Ernie Lopez, and to State Prosecutor Sean Lugg and Deputy Attorney General Danielle Brennan for their work in getting the bill passed.

Representative Helen Keeley, HB 207's prime sponsor says, "I am passionate about ensuring the safety of drivers on our roads and improving how driving under the influence offenses are addressed, so I am extremely pleased to see the Governor sign this bill into law. This legislation streamlines the justice system so that misdemeanor driving under the influence cases can be heard in the Court of Common Pleas for deposition. Going forward, the process will continue to be an efficient way to manage and tackle DUI depositions, and provide an avenue for people to be considered for specialized treatment post-adjudication."

Senate Majority Leader Margaret Rose Henry says, "From the way we deploy police on the streets to the cases we try in our court room, having a fair and efficient criminal justice system is critical to our state. This legislation ensures that DUI offenders are getting fair trials, but aren't afforded special access to the court system. This way we can more efficiently and expeditiously focus on bringing more serious cases to justice."

Senator Ernie Lopez said "I was very pleased to see the passage of this bipartisan legislation. As a member of the impaired driving task force, this bill was something many of us spent a great deal of time working on. Improving our DUI enforcement and adjudication process is something that I know our constituency feels is vital to Delaware's public safety."

Delaware FOP President Fred Calhoun said "The Fraternal Order of Police was pleased to see that HB 207 passed and was signed by the Governor. We feel this is the first step in modifying current antiquated laws and procedures, providing member of the judicial system that ability to work in a more productive and efficient manner."

Camden Police Chief William Bryson who is head of the state police chiefs council says, "The Delaware Police Chiefs Council would like to thank everyone involved in drafting and enacting this legislation. We sincerely appreciate the work of State Prosecutor Sean Lugg and Deputy Attorney General Danielle Brennan on this bill. We expect this new law will allow our officers to spend more time removing intoxicated drivers from our roads and less time in court."