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Return to Criminal Defense Lawyer Richard Zemble Tip of the Week Archive
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Return to Criminal Defense Lawyer Richard Zemble Tip of the Week Archive
Criminal Defense Lawyer Richard Zemble "Tip of the Week" Archive page II
There are more and more DUI (Driving Under the Influence of Alcohol) roadblocks popping up in Delaware, and because the legal limit is .08, it doesn't take much drinking to get over that threshold. If you are going to drink, make sure not to drive because you don't have to break any other traffic laws at a roadblock to get charged with a DUI. |
| DUI laws in Delaware are about to get tougher. These changes increase the time that a DUI charge will make the punishment more severe. For example, a second offense will be counted toward 2 DUIs if there is a charge over a period of 10 years rather than over a period of 5 years. If you get 3 DUI convictions in your lifetime, the 3rd conviction will be considered a felony (rather than 4 DUIs in a lifetime being considered a felony). There are many other examples of the toughening of the laws in Delaware. It is more important than ever to hire an attorney to protect your rights! |
| There are different levels of felonies and misdemeanors in Delaware. Felonies range from Class A felonies (the most serious) to Class G felonies (the least serious). Felonies are further classified as violent or non-violent felonies. Class A felonies have a minimun mandatory sentence of 15 years and one could be sentenced to life in prison. Class B felonies have a minimun mandatory sentence of 2 years and one could be sentenced to up to 25 years. Class C felonies range from 0-15 years. Class D felonies range from 0-8 years. Class E felonies range from 0-5 years. Class F felonies range from 0-3 years. Class G felonies range from 0-2 years. There are three different levels of misdemeanors. Class A misdemeanors range from 0-12 months of incarceration. Class B misdemeanors range from 0-6 months. Unclassified misdemeanors range from 0 to 30 days. |
| Most traffic offenses give you two points on your license in Delaware. Speeding will give you more depending on how much above the speed limit you are. If you are 10-14 points over the limit, then you get 4 points. Over 15 mph over the limit is 5 points. Reckless Driving is 6 points. |
| After being arrested for DUI in Delaware you have 15 days to request an Administrative Hearing with the DMV. If you do not do this, you will lose your driving privileges after the 15 day period. |
| If you go to trial for DUI and lose in the Justice of the Peace Court in Delaware, then you can appeal the case De Novo to the Court of Common Pleas, meaning that you have the right to a new trial. In essence you get to start over again. |
| The law in Delaware has recently changed. If you received Probation Before Judgment for a misdemeanor charge, you do not have to wait 5 years before you can get it expunged. Under the new law, after your probationary period is over and your charge is dismissed, you can apply for expungement. |
| After you are arrested, the victim cannot drop the charges against you. It is now in the hands of the prosecutor, so even if the 'victim' says he/she does not want to proceed, the prosecutor now has to decide if the case is worthy of going forward. |
| I advise against routinely paying the fine connected with traffic tickets, just to avoid going to court. Points can pile up quickly and you may be able to eliminate these points by going to court and negotiating with the prosecutor. |
| If you have multiple sets of traffic charges (i.e. you got traffic tickets more than one time), try to have the cases all combined in the same court. It is much easier to resolve and you will get a more favorable plea offer from the State if you can handle all of your cases at one time. |
The criminal defense law office of Richard Zemble, Attorney at Law, in Wilmington, Delaware, serves the legal needs of his clients in communities throughout all three counties of Delaware, New Castle county, Kent county and Sussex county, including Arden, Bear, Bellefonte, Bethany Beach, Bethel, Bowers, Bridgeville, Camden, Cheswold, Claymont, Clayton, Dagsboro, Delaware City, Delmar, Dewey Beach, Dover, Ellendale, Ellesmere, Farmington, Felton, Fenwick Island, Frankford, Frederica, Georgetown, Greenwood, Harrington, Hartly, Hockessin, Houston Kenton, Laurel, Leipsic, Lewes, Lincoln, Little Creek, Magnolia, Marydel, Middleton, Milford, Millsboro, Newark, New Castle, Newport, Odessa, Ocean View, Pike Creek, Rehoboth Beach, Seaford, Selbyville, Slaughter Beach, Smyrna, Stanton, Townsend, Wilmington, Woodside and Viola. The Richard Zemble law office serves the legal needs of clients from Pennsylvania in Philadelphia, Chester and Delaware Counties and from New Jersey. Zemble is a member of the Delaware Bar, the Pennsylvania Bar and the New Jersey Bar Associations. He also serves clients from Maryland who face criminal charges in Delaware.