The Delaware Supreme Court earlier this month emphasized that reckless driving-alcohol related and driving under the influence cannot be lesser included offenses of each other, clarifying some confusion in the trial courts, which, the court said, it helped create.
The high court was ruling on an appeal from Kesler Stevens, who challenged his 2014 DUI conviction, in part, on the grounds that the state’s DUI law violates the equal protection clause of the U.S. Constitution by providing for a harsher punishment than the reckless driving–alcohol related law, even though, he argued, both laws punish the same conduct.
