Delmar Crime

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Delmar Law

Will any of these reinstatement requirements transfer over to Delaware when I try to get my license?
I had an owi in Iowa; my revocation is over but I have the following reinstatement requirements: Drinking Driver School Treatment & Evaluation 365 Days on IID
If you are still revoked in Iowa pending the completion of the three items you mentioned, then you will not be able to...
Should my girlfriend fight her DUI charge?
My girlfriend got a DUI on New Years morning around 8 in the morning. We are in Delaware, and she has no previous criminal or driving related offenses. She passed the sobriety test, blew .08 on the thing, and they took her in. She was never handcuffed and I asked her if he read her rights and he didn't. She refused the breathalyzer because she was a phlebotomist at the hospital where they would have taken her. The cop then even asked me if I would drive the car back even though I didn't have a license, that he wouldn't care. I'm not from Delaware and have some experience with how things happen in a DUI stop in my home state, and it all seemed rather unorthodox and I'm wondering if she should fight it.
Nothing in your facts sounds unusual (other than the offer for you to drive the vehicle home without a license), but...
What will happen to me if I'm a passenger in a car and the driver gets arrested for drug possession?
I was riding in a car with my friend and he got pulled over for going into a one way bank to try and turn around. The officer smelled weed and took our information. He searched me and found nothing and he found under an ounce of weed in the car which my friend admitted it was his. I'm only 17 and the officer let me call a guardian to pick me up. He said I wasn't in trouble. Few months later I got summoned to court and the case was State of Delaware vs (my friend). Why would I be called into court?
Based on what you told me, they have absolutely no case against you. The reason you have been told to go to court is...
What are the potential consequences for minor in possession of alcohol and initially lying about being 21?
Was arrested on Rehoboth Beach on Tuesday, June 9, 2015 for drinking underage on the beach. Was charged with minor in possession and falsifying information. I did not lie about my name or where I was from just that I was 21, and a few minutes later I told the officer that I was in fact not 21 but 19 years old. My court date is scheduled for May 24. I am 19 years old and from Pennsylvania. First time being arrested.
Both charges are misdemeanors of course, so you do not risk jail time or anything like that. The worst case scenario...
How to get temporary custody of my 2 grandchildren. Her mother is going to jail for the 4th DUI. My son is dead.
There is bad blood between us. We legally tried for temp. custody in Jan 14 when she was sentenced for her 3rd DUI. We lost the case. She then kept the kids from us until this afternoon. Apparently she has fled MD and is in Utah but we think she is fixing to get picked up by the law. She called and allowed me to talk to the kids for the first time since Feb 14. She wants to place the kids with us but wants to get them the minute she is released which is likely to be a while. She receives $1100 SS/mo for the kids because my son died. We want to keep the kids util she is sober and responsibly but not on her terms . Then we got to understand healthcare and school issues.
You need to speak with a local attorney to get this done. You said you've already lost an attempt to get custody, so I...
Is it proper for a Delaware police officer to cite someone for Walking Drunk on a Public Highway, but release them immediately?
Delaware Law Chapter 175/2211 (b) "Any person incapacitated by alcohol except where apprehended under a criminal charge, shall be taken into protective custody, and forthwith brought to an approved public treatment facility for emergency treatment. ..." Delaware Law Chapter 175/2203 Definitions (9) "'Incapacitated by alcohol' means that a person as a result of the use of alcohol, is unconscious or has his judgment otherwise so impaired that he Is incapable of realizing and making a rational decision as to his need for treatment. ..." Can a person really be drunk enough so that, as a pedestrian, they are a hazard to themselves or others or property, yet they are still capable of making a rational decision as to their need for treatment?
You must have a reason for asking since your question and self-answered narrative seem more rhetorical than need based....
I received a subpoena in the mail as a witness for the state involving a DUI/Car Accident. I don't wish to go. Do I have to?
I understood that is the subpoena came by mail and not by a sheriff hand delivering then I don't have to honor the subpoena. True or not true.
It sounds from your description like this is a criminal case. Delaware Super. Ct. Crim. Rule 7(d) says that service...