HB 207

Abstract

This Act provides judicial economy in the disposition of Driving Under the Influence (“DUI”) offenses by providing a trial for misdemeanor DUI offenses only in the Court of Common Pleas. This Act permits the Justice of the Peace Court to accept guilty pleas and first offender elections. This Act also requires that any offense properly joined with a DUI offense remains so joined for the purpose of trial. Under current Delaware law, all cases are initiated in the Justice of the Peace Court for the purposes of setting bail. On June 30, 2017, the State’s ability to transfer these cases, provided by House Bill 277 of the 147th General Assembly, sunsets. Thereafter, in matters over which the Justice of the Peace and the Court of Common Pleas have concurrent jurisdiction, only the defendant has a statutory right and mechanism (11 Del. C. § 5303) to transfer to the Court of Common Pleas. A single track for the disposition of DUI offenses also provides a mechanism for all DUI offenders to be considered for the specialized, treatment-focused post-adjudication “DUI Court” in the Court of Common Pleas.