Delaware Police Arrest Man on DUI, Drug, and Gun-Related Offenses
Delaware State Police recently arrested an 18-year-old man from Laurel, Delaware, for DUI, gun, and drug offenses following a traffic stop in Seaford early Saturday morning. According to police, on November 23, 2024, at approximately 12:59 a.m., a trooper patrolling Middleford Road, east of Sussex Highway in Seaford saw a maroon Chevy Equinox cross over the yellow line multiple times. The trooper initiated a stop of the vehicle and made contact with the driver and sole occupant. During the stop, the trooper noted signs of impairment and administered Standardized Field Sobriety Tests. After allegedly failing the tests, the suspect was taken into custody without incident.
The vehicle was searched as a result of the stop. This led to the discovery of 136.69 grams of marijuana in various packages and a loaded handgun under the driver’s seat. The suspect was taken to Troop 5 where he was charged with the following crimes:
- Possession of a Deadly Weapon During the Commission of a Felony (Felony)
- Possession a Firearm by Person Prohibited who also Possesses a Controlled Substance (Felony)
- Carrying a Concealed Deadly Weapon (Felony)
- Possession with Intent to Deliver Controlled Substance (Felony)
- Possession of a Firearm while Under the Influence
- Driving a Vehicle Under the Influence of Drug
- Possession of Drug Paraphernalia
- Failure to Drive in Proper Lane and Direction
Possession of a Deadly Weapon During the Commission of a Felony
The suspect has been charged with Possession of a Deadly Weapon During the Commission of a Felony. The statute for this law can be found in 2 DE Code § 1447. Basically, if you’re caught with a weapon while committing a felony, you can be charged under this statute. Possession of a Weapon During the Commission of a Felony is considered a class B felony under Delaware law. A class B felony is punishable by up to 25 years in state prison and has a mandatory minimum sentence of 2 years.
Those convicted under the statute do not qualify for suspended sentences and are not eligible for good time, parole, or probation during the period of the imposed sentence. Further, any sentence imposed after conviction is not allowed to run concurrently with any other sentence. In other words, you can’t serve both sentences at the same time.
In addition to those sentencing factors, any individual over the age of 16 who is charged under this statute must be tried as an adult.
So, the sentencing factors for this crime are quite steep, and it does not matter if the felony you are charged with is a lesser felony or a greater one. You can still be charged under the statute.
Talk to a Wilmington, Delaware Weapons Charges Lawyer Today
Are you facing weapons charges in Delaware? If so, the stakes are high and you could lose your liberty if you’re not careful. Call the Wilmington criminal lawyers at Michael W. Modica today to schedule an appointment and learn more about how we can help.
Source:
dsp.delaware.gov/2024/11/25/state-police-arrests-man-for-dui-gun-and-drug-offenses-following-traffic-stop-in-seaford/
