Delaware court officials abruptly change DUI case rules
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.
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.
At a case review, attorneys appear before a judge to discuss outstanding evidentiary disputes or other issues that might affect case resolution. Attorneys also have the opportunity to discuss plea offers or other alternatives to trial.
Despite receiving assurances from CCP officials last month that DUI case reviews would begin in Sussex County, prosecutors are now indicting all Sussex DUI cases in Superior Court, where case reviews have long been required.
State Prosecutor A.J. Roop said that until prosecutors are satisfied with the new case review rules in CCP, they will continue indicting DUI cases in Superior Court.
"It's not that we don't trust the (CCP) court," he said. "We wanted a little more concrete answers before we move forward."
In the past two weeks, prosecutor have dismissed almost 100 DUI cases in lower court, then obtained grand jury indictments against those same...