Delaware DUI and Traffic Violation Defense Lawyer

Aggressive DUI and Drunk Driving Defense Representation

You need to be pro-active about your life and about your arrest. I will say it again: you need to be pro-active!

Many drivers have false assumptions about DUI and sobriety tests. Did you know that there is statistical evidence to prove that NHTSA sobriety tests are designed for failure ? An experienced attorney can offer you real options and real solutions if you were arrested for DUI.

I have a winning attitude in DUI and traffic cases. That means I combine extensive experience in protecting the rights of clients charged with traffic violations and a personal dedication to providing aggressive representation.

I offer free initial consultations to client charged with DUI (or DWI, as it is known to my clients in New Jersey, Maryland and Pennsylvania). Call my office in Wilmington today at 302-622-9500 to learn how I can help. I can also assist you in dealing with a driver's license suspension.

Experienced Representation in a Full Range of DUI and Traffic Cases

The following information is provided to help you understand the truth about the legal issues involved in DUI and traffic offense cases in Delaware:

• Drunk driving accidents
• DUI police reports
• Suppression of evidence
• First offense DUI
• Underage DUI
• Field sobriety tests
• Breath or blood alcohol tests
• Test refusal
• Road block or check point stops
• Speeding and traffic tickets
• Distracted drivers
• DUI/DWI and CDL or out of state drivers
• Driving Without Insurance
• Driving on a suspended or revoked license

Auto Accidents and the Charge of DUI

A motorist may feel that this case is not winnable and that the mere charge of DUI involving an auto accident will suffice for a conviction. The motorist is typically wrong to feel this way. There are usually open questions in these types of cases. I have had many dozens of DUI cases involving auto accidents. Can the police place you at the scene of the accident? Are the police mistaking DUI symptoms for grogginess stemming from a mild concussion (the symptoms are often identical)? Can the police prove the Delaware 4 hour rule? Did the police "jump the gun" and arrest first but only ask questions later? Were there legitimate and properly administered field tests? And if the police later responded to a residence for an arrest, was the warrant valid? You must begin with asking questions, lots of them.

Remember too, the mere failure to obey a traffic law is not necessarily evidence of impairment. Thousands of motorists are stopped every day for speeding, failing to come to a complete stop, failing to use a turn signal, or weaving in and out of lanes. Effective cross examination can often reveal the shortcomings of police testimony.

About the Alcohol Influence Report (AIR)

This is the report the police do of the arrest situation, whether it is at a roadblock or an ordinary DUI arrest. It is intended to be a real time record of the citizen's arrest, a description of how the citizen appeared and drove and behaved. If you want to successfully resolve your DUI case, you should hire an attorney who knows how to dissect and interpret this report effectively. I have read hundreds of AIR reports over the years, and as an experienced DUI attorney, I consider the report to be as much about the reporting officer - about his own biases and even his own shortcomings - as it is about my client. My approach is that the AIR report can and should be viewed as the officer's own "autobiographical statement." Once again, reviewing and attacking this AIR report is an area where I have extensive experience.

The Suppression Hearing

As an experienced DUI attorney, I realize the importance of the suppression hearing. Your lawyer must file for this hearing or you will risk losing your case. What the police may do to you at a roadside arrest can and should be challenged in the courtroom. Illegal police evidence and illegal police conduct should never form the basis of a DUI arrest. In representing DUI defendants in the past, I have conducted hundreds of these hearings. They should form a centerpiece of any tenacious DUI defense.

Should You Fight a First Offense DUI?

Why must you fight even the first DUI arrest? As an experienced, Delaware DUI lawyer, I can think of about a dozen good reasons to fight a first charge of DUI, including the possibility of avoiding a lengthy license suspension but let us begin with this thought: You may have a second DUI arrest in the future. Believe me, it can happen, and a second DUI conviction will mean mandatory jail time. We fight the first case so the second case (should it occur) remains a first offense, so to speak.

Kevin P. O'Neill, Attorney at Law • Wilmington, Delaware • Contact Me