Rehoboth Beach Crime

Crime, law and justice, and police blotter near Rehoboth Beach, DE or anywhere in the US.

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Rehoboth Beach Law

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...
I was arrested for a suspected dui andd was not read my rights, even after i asked the officer to read them to me. Is that legal
I am also only 17. Can they question me without my parents?
Yes. Yes. Common myth--Miranda rights are not required. They are only required when and if police have you in a...
Is my Delaware Drivers License valid even if my PA license is suspended?
I am recently working through penalties for losing my license in PA for a DUI offense but after the occurance of this offense I moved to DE and got a DE license before my PA license was suspended. PA did not take my DE license. Is it still valid in DE for me to drive in Delaware?
Your best option here is to call your local Bureau of motor vehicles, or alternately, to check the status of your...
Upcoming DMV hearing for a DUI charge.
My atty has submitted a motion to suppress all evidence hearing. I was not witnessed driving by anyone. The cop arrived at the store's parking lot after a call from the store. I was standing outside in the parking lot. The motion says that the cop lacked the necessary reasonable and articulable suspicion to stop and arrest me and the cop did not witness any erratic driving. The atty also wrote that the arrest was illegal and that my 4th amendment rights were violated. I was supposed to have the suppression hearing the other day but it got continued. Should I submit parts of this motion during my DMV hearing?
No. It's called snatching defeat out of the jaws of victory. As a non-lawyer, you may miss out on the long term defense...
FYI--Rehoboth, DE DMV hearing officer finds in my favor
Kelly Case, Michael Reid, Robert Dreissen, Michael Sensor--My DUI atty is a public defender--the officer did not show. I had also spoken to another atty and he said that the officer didn't witness any driving so there is no reason for the arrest. So, I had answers on both ends--but I didn't have to say anything today.
Since the officer didn't show, the DMV case is over and you should get your license back at least until your trial, if...
Hello, Can a person live in Delaware while serving house arrest from Chester County PA?
I lost my job do to a DUI in Chester County PA where I live now but I want to move in with relatives until I get myself back on track. I was told I will likely get several months of house arrest. Can I serve that living in Delaware with my family?
I do not practice in Delaware or Pennsylvania, but I may offer some general advice. Generally, you may serve a jail...