REGAN M. OGDEN, Appellant/Plaintiff Below,
STATE OF DELAWARE, Appellee/Defendant Below
Submitted: April 24, 2019
Consideration of Plaintiff's Appeal From the Court of
Common Pleas. Affirmed.
M. Ogden, Jr., SBI #00284356, S.C.I., Pro Se Appellant.
Caroline C. Brittingham, Esq., Department of Justice,
Attorney for Appellee.
before the Court is an appeal from a decision of the Court of
Common Pleas of the State of Delaware brought by Regan M.
Ogden, Jr. ("Appellant"). On July 23, 2018,
Appellant filed a Petition for Restoration of Driving
Privileges pursuant to 21 Del. C §
2809. The State opposed the Petition as
premature and on September 10, 2018, an Order was issued by
the Court of Common Pleas denying and dismissing
Appellant's Petition as premature. On September 24, 2018,
Appellant filed his appeal with this Court. Appellant seeks
to reverse the Court of Common Pleas' decision denying
Appellant's petition for restoration of driving
privileges under the habitual offender driving restriction.
The State of Delaware ("the State" or
"Appellee") opposes Appellant's appeal. The
Court AFFIRMS the Court of Common Pleas' decision for the
reasons discussed below.
August 25, 2003, Appellant was declared a habitual offender
pursuant to 21 Del. C. § 2802,  and his license
was suspended for a period of five years. On February 24,
2009, Appellant committed vehicular homicide during the
period he was prohibited from driving because of his habitual
offender designation. He killed two people and injured ten
people in the incident. Appellant's release date from
prison for this offense is February 16, 2022. Appellant has not
committed any driving offenses in the past nine years, but he
has been incarcerated for the entirety of that
time. Appellant has not paid his financial
obligations because he cannot afford to pay them while he is
in prison. He contends that he will set up a payment plan
upon his release. Furthermore, Appellant has written apology
letters to the surviving victims of the crash dating back to
the year 2009. Finally, Appellant has successfully completed
the six month long Victim's Impact Program at Sussex
Court of Common Pleas denied Appellant's petition for
restoration of his driving privileges on September 10, 2018.
The Court of Common Pleas reasoned that Appellant's
petition was premature and denied the petition on that
ground. The Court of Common Pleas also stated that Appellant
may re-file the petition at a date closer to his release from
the Department of Corrections. At Appellant's hearing on
his petition the Court of Common Pleas suggested that
Appellant file his Petition for Restoration of Driving
Privileges closer to the time of his release date in three
Standard of Review
considering an appeal from the Court of Common Pleas, this
Court sits as an intermediate appellate court. The Court's
appellate role is limited to correcting legal error and
determining whether factual findings "are sufficiently
supported by the record and are the product of an orderly and
logical deductive process."
contends that he has met all of the requirements of 21
Del. C. § 2809 and his driving privileges should
therefore be restored. Specifically, Appellant contends that
he has (1) met the time limitation of the statute; (2) met
his financial responsibilities because he has shown
responsibility for his financial requirements to the State by
communicating with the Court Collections Enforcement
supervisor; and (3) that his current incarceration has no
legal bearing [sic] in restoration of his driving
Appellant's contentions, the statutory langue of 21
Del C. § 2809 is mandatory and not permissive.
Conditions (1) (2) and (3) of 21 Del. C. § 2809
all must be met in order for Appellant's driving
privileges to be restored. Despite meeting the time
requirement of 21 Del C. § 2809(1) Appellant
clearly has not met the requirement set forth in 21 Del.
C. § 2809(2), which states that Appellant's
driving privileges shall not be restored, "[u]ntil such
time as financial responsibility requirements have been
met." The Court of Common Pleas has held that financial
responsibilities have been met when financial obligations
have been paid ...