DUI 7th OFFENSE (F)
REPORT AND RECOMMENDATION
Defendant's Motion for Postconviction Relief Pursuant to
Superior Court Criminal Rule 61
Kenneth M. Haltom, Esquire, Deputy Attorney General,
Department of Justice, for the State of Delaware.
F. Richards, Pro se
M. FREUD, COMMISSIONER
defendant, George F. Richards ("Richards"), pled
guilty on August 3, 2017 two weeks after his arrest, waiving
an Indictment and proceeding by way of an Information to one
count of Driving Under the Influence of Alcohol Seventh
Offense, 21 Del. C. § 4177. He also faced one
count of Resisting Arrest, one count of Criminal Mischief and
one count of Following Too Closely which were nolle
prossed by the State in exchange for Richards' plea.
As part of the plea deal the State and the defense agreed
upon a recommended sentence of fifteen years incarceration
suspended after serving four years minimum mandatory further
suspended after serving two and one half years pursuant to 21
Del C. § 4177(d)(9) in a substance abuse
program at Level V immediately followed by probation with
thirteen days credit for time served. The Court agreed with
the sentence recommendation and sentenced Richards
accordingly. Richards did not appeal his conviction or
sentence to the State Supreme Court. Instead Richards filed
the pending motion for postconviction relief pursuant to
Superior Court Criminal Rule 61 in which he alleges, in part,
ineffective assistance of counsel.
charges stemmed from complaints to the Harrington Police, on
July 19, 2017, that a man was driving around Friendship
Village in Harrington yelling at people and appeared to be
under the influence. The police located the vehicle and
stopped Richards and immediately smelled the odor of alcohol.
A field test was performed and Richards blood alcohol content
registered at. 143 over the legal limit. A second test taken
at the police station read .138. While he was in the holding
cell Richards attempted to take off the handcuffs and
wrestled with the police.
motion, Richards raises the following grounds for relief:
Ground one: Ineffective Assistance of counsel.
No investigation on my behalf. No BAC was ever given in
writing which should happen when Breathalyzer is used.
Ground two: Probable cause to stop defendant.
There was no traffic violation by defendant The officer
stated he pulled defendant over for hollaring (sic) at