Continue reading …]]> In Delaware on Superbowl Sunday 2012, we had two very unpatriotic DUI checkpoints. They are unpatriotic because in America, we are supposed to have freedoms guaranteed by the US Constitution. One such freedom is the right to be free from unnecessary searches and seizures by police. DUI checkpoints violate that right because at DUI checkpoints, law enforcement stops everyone without cause, without reasonable suspicion of wrongdoing, without probable cause. How much more unpatriotic can you get than to completely disregard the Bill of Rights?
In any event, the DUI checkpoints and other increased patrols resulted in some giant results, at least by Delaware drunk driving arrest standards. Twenty one were arrested on suspicion of driving under the influence.
Compare that to the number of DUI arrests in Delaware on New Years 2012. Thirty nine were busted that weekend using twice the checkpoints. So it appears that the frequency of drunk driving arrests are approximately the same.
Now that I have made my point about how these Delaware drunken driving checkpoints violate all of our rights, let me say this: please don’t drink and drive. Designate a driver. Call a ride. I am not advocating drinking and driving.

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I published a blog article yesterday stating that there will be one DUI checkpoint in Wilmington on Superbowl Sunday. According to an article on DelawareOnline this morning, there are now two DUI checkpoints scheduled for Superbowl Sunday. One will be in Wilmington, Delaware and there will be an additional drunk driving checkpoint in Bear, Delaware.

I don’t want anyone to get the wrong idea. I am not a proponent of driving while intoxicated. Don't drink and drive! If you do go to a bar or party, arrange for transportation BEFORE you crack open a beer. 

I am, however, a proponent of police following the Constitution, and I am a proponent of limiting government involvement in peoples’ lives unless there’s a good reason for it. DUI checkpoints should be declared unconstitutional and outlawed because they stop and harass innocent drivers and passengers in a dragnet approach to detecting crime.

The 4^th Amendment to the US Constitution prohibits stops of citizens absent reasonable suspicion of some wrongdoing. For example, the police are not allowed to stop you as you are walking down the street and stick their hands in your pockets to see if you have any drugs. The police are not allowed to come over to your house, turn on your computer and search it to make sure you don’t have any child porn. Why then are the police allowed to stop you in your vehicle, examine you and ask you questions in an attempt to determine if you could be driving under the influence? 

Continue reading …]]> The good news is that, according to the press release by the Delaware Office of Highway Safety, there will only be one unconstitutional DUI checkpoint in Wilmington on Sunday. It will be conducted by New Castle County DUI Taskforce. As many of you are aware, I believe that DUI checkpoints are unconstitutional and should be declared illegal. They use a dragnet approach to ensnare hundreds of motorists, the vast majority of whom are doing nothing wrong. After stopping and harassing those motorists, the innocent are let go. Those who are suspected of drunk driving and those who are wanted on existing arrest warrants are hauled in and arrested.  There will be roving DUI patrols as well.  There will be 38 saturation patrols.

Please note that as I stated above, I found this information in a press release issued by the Delaware Office of Highway Safety about “Safety Down Day” on Dover Air Force Base. Hidden at the bottom of the press release is information about this Sunday’s DUI checkpoint and roving saturation patrols. Why is the Office of Highway Safety hiding information about checkpoints? The purpose of advertising the checkpoints is so that the general public will be aware that enforcement activity exists, which should reduce drinking and driving generally. Why would this information be hidden at the bottom of a press release about an event on a different day on Dover Air Force Base? Furthermore, the press release actually states that the checkpoints will be held on Friday rather than Sunday. This is misleading. I wonder if this is merely an innocent typo, or if there is something nefarious going on.

Continue reading …]]> Today, Governor Markell signed into law a bill making bath salts a schedule 1 controlled substance. Now, it is illegal to possess them. The bill, Senate Bill 160, amends 16 Del.C. section 4701 to add drugs commonly called or marketed as bath salts. These drugs include synthetic cannabinoids, Mephedrone, MDPV and other substances.

Of course, by adding these items to the lists of controlled substances, driving with any amount of “bath salts” in one’s system is now a potential DUI. The Delaware DUI law, 21 Del.C. Section 4177(a), makes it illegal to drive under the influence of any drug. Any amount of the drug found in a driver’s system within four hours after driving is considered under the influence.

If you find yourself in need of a defense attorney for a bath salts criminal arrest or bath salts DUI case in Wilmington DE, Newark DE, Dover DE, Rehoboth DE or anywhere in the First State, please call for your free consultation.

Matt Stiller

Continue reading …]]> The United States Supreme Court today ruled that warrantless use of GPS tracking devices is a violation of the US Constitution. The ruling was handed down by an unanimous Court, which invalidated the conviction of an alleged drug dealer whose movements were tracked through the use of a GPS device planted on his car.
The reversal of the conviction was unanimous, but the reasoning behind the reversal was not. The majority of the Court declared in an opinion authored by Justice Scalia that placing the tracking device was a physical intrusion upon a private area, and therefore constituted a “search”. The opinion of the Court was joined by Thomas, Sotomayor, Kennedy and Roberts.

Bill of Rights 1, Tyranny of Big Government 0.

Matt

James M. “Matt” Stiller, Jr. represents the accused in all manner of criminal arrests and prosecutions, including Delaware DUI cases, Delaware drug crimes, sex crimes and (his favorite) DUI cases in Dover, Wilmington, Georgetown and other areas od the First State. Mr. Stiller is admitted to practice before all Delaware Courts as well as the Supreme Court of the United States of America.

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Don't fall asleep at the wheel!

Answer:  He can be arrested for that. Whether or not he will be found guilty after trial depends on a lot of factors, but you do not have to be actually driving down the road to get arrested for DUI. You could be asleep in the car with the engine running and that would be enough for them to arrest you. Here’s why:

The Delaware DUI law is found at Title 21 of the Delaware Code, in Section 4177. Subsection (c)(3) says DUI means driving, operating, or having actual physical control of a vehicle while under the influence.

The Delaware Supreme Court, in a 2000 opinion in a case called Bodner v. State*, wrote that, “A person can have actual physical control . . . without either operating or driving the vehicle. [P]hysical control is meant to cover situations where an inebriated person is found in a parked vehicle under circumstances where the car, without too much difficulty, might again be started and become a source of danger to the operator, to others, or to property.”

In fact, the Bodner Court developed a jury instruction on the actual physical control requirement. If your husband were to fight his charge at trial in the Delaware Court of Common Pleas or Delaware Superior Court, the Judge would instruct the jury that they have to decide if he was in “actual physical control” of the car while under the influence. The judge would probably read the following instruction to the jury:

In considering whether or not the defendant was in physical control of the motor vehicle while under the influence of alcohol, you may consider:

a. defendant's location in or by the vehicle,

b. the location of the ignition keys,

c. whether the defendant had been a passenger in the vehicle before it came to rest,

d. who owned the vehicle,

e. the extent to which the vehicle was operable, and

f. if inoperable, whether the vehicle might have been rendered operable without too much difficulty so as to be a danger to persons or property, any other facts or circumstances bearing on whether or not the defendant was then in physical control of a motor vehicle which was or reasonably could become a danger to persons or property while the defendant was under the influence of alcohol.

So we would need to look at all the facts and circumstances of the case to determine whether your husband really was in actual physical control of the car at the time of the arrest.

Matt Stiller

Matt Stiller is the Delaware DUI Defender. He represents the accused in all criminal cases in DE. He handles cases from traffic tickets to death penalty capital murder, and he has a special interest in defending Delaware drunk driving charges. If you or a family member has been arrested or charged with DUI, please contact Matt for a free consultation today.

*Bodner v. State, 752 A.2d 1169 (Del.2000).

Continue reading …]]> Matt Stiller, the "Delaware DUI Defender" and his firm Schwartz & Schwartz, Attorneys at Law are providing on call legal services to anyone arrested and charged with a DUI offense in Delaware this New Years weekend.

It is free to speak to one of our Delaware attorneys about your drunk driving, dui, dwi or underage consumption charge. We have attorneys on call and available to speak to you by phone between the hours of 9 am and 9 pm on Friday December 30, and Saturday December 31st, 2011. Attorneys are also available by phone on Sunday, January 1 and Monday January 2, 2012 between 9 am and 9 pm.

Our on call attorney's number this holiday weekend is 302-423-5761.  You can also submit a consultation request using the web form here.  Please allow two hours for the on call attorney to respond.  Before we can speak to you, our staff must perform a conflict of interest screen, which takes time, and this is a busy weekend for DUI defense attorneys.

Don't let a DUI arrest this holiday weekend ruin your life... speak to a Delaware criminal defense attorney today

Mr. Stiller and the attorneys at Schwartz & Schwartz have substantial experience defending cases such as: first offense DUI, second offense DUI, third offense DUI, fourth offense DUI, underage drinking, driving under the influence of drugs, driving while license suspended or revoked, and other criminal and traffic offenses. Mr. Stiller and his team defend all criminal charges in Delaware, from simple drug possession to death penalty capital murder cases. With offices in Wilmington and Dover, we are equipped to handle your case, whether it is in New Castle County, Kent County or Sussex County, Delaware.

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Delaware DUI roadblocks interfere with the freedom of sober, lawful motorists

Friday, December 30 there will be DUI checkpoints in Rehoboth Beach, Clayton and Dover, Delaware.

Saturday, December 31 there will be Delaware DWI / DUI checkpoints in Dover, Millsboro, Newport and Wilmington, Delaware.

This information was gleaned from an article published by WGMD.

Continue reading …]]> There are many things to avoid when you are arrested on suspicion of DUI in Delaware. One of those things not to do is turn your misdemeanor DUI arrest into a felony bribery case. That’s exactly what happened Thursday night when Dana Rich of Tennessee was arrested for DUI. She was sitting in the back seat of the police cruiser when she told the officer that she would write him a check for a thousand dollars if he would drop the DUI charges. She stated it twice, according to news reports, before realizing that camera and video recorders were rolling in the police car, at which point she stated she was only kidding. Now, Ms. Rich has been arrested and charged not only with DUI, but with felony bribery as well. To read the news report, click here.

Many people don’t realize that they have a Constitutional right to remain silent. If you are dealing with law enforcement, it is often wise to invoke that right at the earliest possible opportunity.

Matt Stiller

James M. “Matt” Stiller defends DUIs as well as felony criminal charges in all courts in the State of Delaware, including those that require a Delaware JP Court attorney, a DE Court of Common Pleas attorney, and a Delaware Superior Court lawyer.

Continue reading …]]> There is no better feeling that I have had the pleasure to discover in the practice of law than to see the wheels of justice turn out a fair, equitable and accurate result with the help of twelve brave citizens sitting as a Superior Court jury.

I started a trial last week for my client, a Dover man, who was charged with the following crimes:
Possession with intent to deliver marijuana (a serious felony),
Maintaining a vehicle for storage, use or consumption of drugs (another felony),
Conspiracy 2nd degree (felony),
Possession of drug paraphernalia (misdemeanor), and
Driving over a median (traffic violation).

The jury returned it’s verdict today: Not Guilty on all charges.

I truly believe my client was actually innocent. He was riding in a vehicle with a woman who had the drugs in her possession. They clearly were not my client’s drugs, and I am just very grateful to the jurors who had the gumption to stand up for truth and justice and who refused to convict an innocent man.

Lesson: make sure you know who and what is in the car with you. You could be arrested and charged with someone else’s illegal drugs, guns or other possessions, just for being in the wrong place at the wrong time.

Matt

James M. (“Matt”) Stiller, Jr., Esq. represents the accused in all courts in Delaware in all manner of criminal cases, including drug cases and DUI.

Continue reading …]]> A one car accident involving a Honda Pilot temporarily closed all lanes of northbound I-95 in Wilmington, Delaware shortly after 7:00 pm yesterday. Police arrested 49 year old Melissa Megee of Garnet Valley, PA with DUI and other offenses. She was trapped in the vehicle. After extrication, she was transported to Christiana Hospital in Newark, Delaware. For more information, go to http://www.wgmd.com/?p=41866.

Continue reading …]]> Miss USA 2010 was arrested on DUI charges According to people dot com. Twenty-six year old Rima Fakih was arrested and charged with drunk driving in Highland Park, MI over the weekend. Ms. Fakih is the first Arab-American to win the Miss USA competition. Michigan police have not offered any details concerning the arrest.

At this time, it would be good to remember that an arrest is just that — an arrest. And all citizens are entitled to the presumption of innocence, unless and until proven guilty beyond reasonable doubt.

Matt Stiller
Delaware DUI Defender

Matt Stiller defends people charged with driving under the influence in Kent County, DE, New Castle County, DE and Sussex County, DE from his offices in Wilmington and Dover.

Continue reading …]]> A DUI checkpoint has been scheduled for today/tonight in Newark, Delaware, according to the News Journal's website Delawareonline.

Also scheduled are 113 DUI saturation patrols and 20 aggressive driving saturation patrols throughout the state this weekend.

As many of you are aware, I consider DUI Checkpoints to be an unconstitutional use of the State's power. The Fourth Amendment to the U.S. Constitution provides protections against unreasonable searches and seizures. Stopping a motorist for no reason other than that they are on the road is inherently unreasonable. DUI Checkpoints should be banned as unconstitutional.

Matt Stiller
 

Matt Stiller represents the accused in DUI cases in all areas of Delaware, from Claymont to Seaford. If you need help with your DUI case or with your Delaware DMV license revocation hearing, call 1-855-TIPTHESCALES or email Matt directly at matt.stiller@schwartzandschwartz.com .

Continue reading …]]> There is the Constitution. There is the Fourth Amendment. There is the right of the people to be free from unwanted interference by the government, in absence of some reasonable suspicion of wrongdoing…  Then there are the State of Delaware DUI checkpoints.

The State of Delaware sets out these dragnets every weekend to round up drivers, sift out the innocent and retain the rest. The checkpoints are an unlawful burden on all motorists, guilty and innocent. Two wrongs don’t make a right. That is why I publish the locations of the checkpoints. 

This weekend, there will be arguably unlawful DUI checkpoints in the following locations: 

Friday November 11th – Newport and Millsboro

Saturday November 12th – Woodside and Clayton.

Continue reading …]]> As you may know from my blog posts at http://www.schwartzandschwartz.com I believe that DUI checkpoints are an unconstitutional abuse of state power. DUI checkpoints stop all the citizens unlucky enough to be ensnared, regardless of whether they are doing anything illegal or not, to justify being stopped. Accordingly, as a service to the general public, I make it a habit to post the locations of upcoming DUI checkpoints.

In that vein, there will be a checkpoint in Dover and Smyrna on Saturday. There will be a checkpoint in Wilmington Friday.

Matt Stiller,

The Delaware DUI Defender

Continue reading …]]> Thanks for checking out my new website, delawareDUIdefender.com.  I hope that this website leaves you with the right impression. If there are any doubts about what to expect from me, please understand:

• Call me if you need competent and zealous representation!
• I’ll attend your DMV hearing even if you don’t!
• I’ll spend whatever time it takes to properly analyze your case and provide the best representation possible!
• I’ll work WITH you in preparing your defense!
• No silver spoon here!  I’m not someone who just completed high school, college and law school.  I spent 20 years in the U.S. Air Force and 11 years working for the State of Delaware.  During that time I’ve earned an Associates Degree, a Bachelor of Science Degree, a Masters Degree and Doctorate of Jurisprudence (law degree).  I know what it means to fight for something you believe in!
• I believe that without competent legal representation the State will run over you like a freight train.
• I will consider it an honor and a privilege to fight like Hell for you to stop that from happening!

Matt Stiller