State Representative’s DUI Trial Delayed

Delaware State Representative Brad Bennett, of Dover, will be entering a plea on drunk driving charges later than expected, as reported by Delaware Online.

The trial was set to start on January 11, 2011 in the Sussex County Court of Common Pleas.  A short meeting between attorneys, and the judge, led to putting the trial on hold at this time.

Bennett's original plea, of not guilty, may or may not be made to a lesser charge, per his attorney, Eric G. Mooney. 

While Bennett himself was not present, Mooney declined to discuss the case.  Melissa Lofland, the prosecutor, only stated that the state did not oppose the continuance and the future plea.

If Bennett is convicted of a DUI he will be facing up to six months of incarceration and may loose his driver's license for a full year.  Most people convicted on DUIs are able to have their driving privileges reinstated within six months.

Due to the schedules of both the defense and prosecution, Mooney requested that Judge Rosemary Beauregard not set the next court date as of yet.  He suggested that Beauregard leave the scheduling up to him so that everyone can be accommodated.

While the DUI charge had been already made, and the trial was pending, Bennett, a Democrat, was able to secure a second term in November.  He took 50 percent of the vote over Republican Beth Miller, who had gained 44 percent, and Libertarian William McVey, who had received 6 percent.

Rep. Bennett won his first election back in 2008.

On October 3, at 2:30 a.m., Lewes police signaled Bennett over on a traffic violation at the intersection of Savannah and Angler.  He was driving alone.  The arresting office suspecting Bennett of DUI and he yielded to a field sobriety test.

He was arrested at the scene. 

Police have stated - while not releasing his actual blood-alcohol level - that it was below 0.20 percent and above 0.8 percent.  The 0.8 percent amount is the legal limit.

Bennett has since explained that he and his wife have been embroiled in a divorce.  He attested that while he was sorry for his own actions, he didn't expect to be given any special treatment in the courts.  The last few months, Bennett said, have been "trying for both me and my family dealing with personal issues."

Back in October of 2006, then-Republican House member John Atkins of Millsboro was also arrested.  In Atkin's case he was able to avoid drunken driving charges and instead was arrested for offensive touching in a domestic dispute.  He was sentenced to unsupervised probation.

Atkins also was able to secure a re-election the year of his arrest.  But by March, when the House Ethics Committee released an incriminating report, he resigned.  In 2008 Atkins was back, as a Democrat, winning back his same seat.  He was re-elected again in 2009.

If you have been arrested and charged with a DUI, DWI, OUI or OWI, click here for our directory so that you can contact a DUI lawyer for help today!