What is the lifetime lookback period?

How penalties escalate with each offense

• Second offense: A prison term of 60 days to 18 months, classified as a misdemeanor, with fines ranging from $750 to $2,500.
• Third offense: A prison term of no less than one year and no more than two years, classified as a Class G felony, with fines ranging from $1,500 to $5,000.
• Fourth offense: A prison term of two to five years, classified as a Class E felony, with fines between $3,000 and $7,000.
• Fifth offense: A prison term of three to five years, classified as a Class E felony, with fines of up to $10,000.
• Sixth offense: A prison term of no less than four years and no more than eight years, classified as a Class D felony, with fines starting at $5,000 and up to $10,000.
• Seventh offense and beyond: A prison term of no less than five years and no more than 15 years, classified as a Class C felony, with fines of up to $15,000.

Protect your rights behind the wheel

• Administrative action by the Division of Motor Vehicles (DMV), including penalties related to refusal to take a chemical test
• Criminal charges, depending on the facts of the stop
• Court proceedings, including appearances and required programs
• Possible fines or restrictions related to driving

How an underage DUI can affect your license and record

Why the early stages of a DUI case matter

You can lose your license without a conviction

Other serious violations can also trigger suspension

You have fifteen days to challenge the suspension

Your next steps

• Reviewing the facts: Before sitting down for your deposition, you should review all documentation pertaining to your wreck and recall as many details as possible. You’ll want to be familiar with the facts of your case so that you aren’t left guessing the answers to questions and so that you can set the record straight if the defense attorney tries to mischaracterize anything.
• Identifying weak points in your case: The defense will probably try to exploit any weaknesses in your case, meaning you’ll have to be ready to answer some tough questions. But if you can spot weak points in your case, then you can develop strategies to mitigate them and protect the viability of your claim.
• Practicing answering questions: You should be able to anticipate at least some of the questions that the defense will ask at your deposition. Once you’ve done so, you can rehearse answers. This will give you confidence going into your deposition and ensure that you’ve got answers lined up that won’t negatively impact the validity of your legal arguments and the overall positioning of your case.
• Learning to temper your emotional response: The defense attorney will probably do their best to get you upset during the deposition, as this oftentimes leads to emotional responses that can then be used against you at trial. But you don’t want to wind up saying something that you’ll later regret. So, be sure to develop strategies that’ll allow you to cope with uncomfortable situations.

Protect your interests throughout the personal injury claim process

What is entrapment in Delaware?

How does entrapment affect drug charge cases?

What do you need to prove for entrapment in Delaware?

• Pointing out prior inconsistent statements: Witnesses oftentimes change their account of events. When they do, you can highlight even the smallest changes to show that their testimony can’t be trusted. One of the best ways to do this is to depose the prosecution’s witnesses, that way you have a starting point for their testimony. You can then use the deposition transcript at trial to show how their in-court testimony differs, if in fact it does. Showing these inconsistent statements can be a powerful move to make in front of a jury.
• Showing motivation: If the witness has a motivation to testify against you, then you need to show that to the jury so that they understand that there are other factors in play other than the truth. Having motivation can taint one’s testimony, so you need to highlight this issue for the jury to take into consideration.
• Proving bias: If the witness is biased against you for some reason, then you might be able to demonstrate that their testimony is unreliable. As an example, consider a situation where a witness who testifies against you is mad at you because you failed to pay back money that they let you borrow. Here, there could be an argument that the witness is testifying against you simply to get back at you.
• Illustrating a criminal history tied to untruthfulness: The rules of evidence preclude you from presenting all of a witness’s criminal history in court. But if they have criminal convictions that are tied to dishonesty, then you might be able to introduce that evidence to attack the witness’s credibility. If you can show that a witness was convicted for something like fraud or forgery, then you’ll paint a vivid picture for the jury and will likely minimize the impact of that witness’s testimony.

Don’t let poor witness testimony lead to your conviction

Delaware has a 71.4% increase in auto accidents over the holidays

• Christmas
• Thanksgiving
• Labor Day
• Independence Day
• Memorial Day

Those impacted by an auto accident need to know their options

How can you raise reasonable doubt in your criminal case?

• Presenting evidence that contradicts the prosecution’s theory of the case: The prosecution will come to court armed with extensive amounts of evidence to try to prove your guilt. If you can present contradictory evidence, though, whether through documentary evidence, scientific opinions, or witness testimony, then you might be able to raise enough doubt to obtain an acquittal.
• Attacking the credibility of the prosecution’s witnesses: The witnesses put forth by the prosecution are going to testify with confidence. If you’re unable to attack their credibility and their reliability, then the jury will probably take them at their word. But most witnesses are susceptible in some fashion. For example, you might be able to show that they have their own criminal history tied to untruthfulness, that they’re biased against you, or that they’ve previously made inconsistent statements.
• Suppressing evidence: If law enforcement violated your Constitutional rights when they gathered evidence, either through a warrantless search, an interrogation without advising you of your Miranda rights, or some other illegal action, then you might be able to block that evidence from being used against you in court. This can create a hole in the prosecution’s case, thus giving you the opportunity to raise reasonable doubt.
• Leaning on expert testimony: Expert testimony can carry a lot of weight with the jury. Depending on the facts of your case, it might be wise to find an expert who can help highlight shortcomings in law enforcement’s investigation and the prosecution’s analysis of the evidence being used to try to convict you.

Be aggressive and thorough in building your criminal defense

• Posting on social media: Although the Facebooks and Instagrams of the world can help you vent your frustrations and find support in your time of need, they can also put your personal injury claim in peril. This is because the defense is going to scour your social media accounts to see if they can find any pictures, videos, or written statements that they can use against you in court. This could include posts that show you engaging in activities that are indicative of less severe injuries than you claim, or statements that appear to show that you were at least partially at fault for the wreck. You’re better off staying away from social media for the time being.
• Toughing out your injuries: A lot of accident victims feel like they’re weak or that they’re going overboard in seeking treatment for their injuries, so they tend to forego care for those injuries that, in their eyes, are less severe. But this is a huge mistake that can be costly to your personal injury case. By foregoing care, you’ll miss out on creating a record of the nature and extent of your injuries, meaning your ultimate recovery from your personal injury case can be far less than you deserve.
• Talking to family members and friends about your case: You need support from your network of family and friends but be careful with what you say to them. The defense could subpoena them to testify against you, which could put them in a position where they have to testify about statements you made to them, even though they’re harmful to your case.
• Waiting too long to take legal action: There’s a statute of limitations that specifies how quickly you need to file your claim after your accident. If you wait too long, then you’ll miss the opportunity to advocate for what you need and deserve.
• Giving too much information to the insurance company: After your wreck, the defendant’s insurance company is probably going to reach out to you. They’re likely going to want a recorded statement so that they can lock you into it and then try to contradict you. Don’t give in to their demands and avoid giving them too much information. Be short and only provide them with the facts that they need to know. You’re probably better off waiting to talk to them until after you’ve discussed the matter with your attorney.

Don’t be a wrecking ball in your own personal injury case

• Write down your recollection of the accident: Our memories can fade over time. Given that it could take a while for your personal injury claim to play out, you need to find a way to keep your memory fresh. Writing down as much as you can about the accident shortly after it occurs is a great way to capture key details. By documenting what you can recall, you give yourself a tool to turn to when your memory isn’t as strong as it needs to be given the gravity of the situation.
• Secure witness statements: Sure, you need to talk to witnesses who saw your accident and who have observed your physical and emotional injuries, but they might end up forgetting important details, too. It’s a good idea, then, to have these witnesses write down what they’ve seen and heard so that you can revisit their observations with them if you need to prepare them to testify in your personal injury case.
• Take pictures: Visual evidence like photographs can impact a jury. Therefore, you want photographs that detail the accident scene and your injuries. Be sure to capture vehicle impact points, traffic signs, traffic signals, tire marks, and vehicle resting positions. Also, take pictures of your injuries as shortly after your accident as you can, then continue to document them as you progress through your recovery.
• Keep a journal: Non-economic damages are going to make up a significant portion of your losses. By keeping a journal, you’ll have a detailed account of how your accident injuries have shaped the way you live your life, capturing your pain and suffering and your loss of enjoyment of life. Be detailed when creating your journal entries, and consistently make entries until your case resolves.
• Track your losses: Your car accident is going to hit you with significant financial losses. Sure, there’ll be property damage, but that’ll likely pale in comparison to your medical expenses, rehabilitation costs, and lost wages. So, be sure to retain all bills, invoices, and receipts that are related to your accident recovery.

Aggressively advocate for what you deserve