State v. Colon

Summary

The Delaware Superior Court granted the State’s motion to sentence Scott P. Colon as a third-time DUI offender under 21 Del. C. § 4177(d)(3). The court held that Colon’s prior New York convictions under Vehicle and Traffic Law § 1192(1) constituted convictions under a similar statute and therefore qualified as prior offenses under Delaware’s DUI recidivist statute.

Holdings

1. A conviction under New York Vehicle and Traffic Law § 1192(1) qualifies as a conviction under a similar statute for purposes of Delaware's DUI recidivist provisions because the prohibited behavior is alike in substance or essentials to the conduct prohibited by 21 Del. C. § 4177(a)(1).
2. Colon was properly subject to sentencing as a third-offense DUI defendant because his two New York DWAI convictions count as prior or previous convictions under Delaware law.

Questions Presented

1. Whether a conviction under New York Vehicle and Traffic Law § 1192(1), which prohibits operating a motor vehicle while the person's ability is impaired by alcohol, is a conviction under a 'similar statute' and therefore qualifies as a prior or previous conviction under Delaware's DUI recidivist statute, 21 Del. C. § 4177B(e)(1)(a).
2. Whether Colon could be sentenced as a third-time DUI offender under 21 Del. C. § 4177(d)(3) based on his two New York convictions.

Disposition

other