Legal Opinion
Dooley v. Rhodes
Superior Court of Delaware
Decided July 24, 1957No. 711PublishedCited by 5 opinions
1Opinion of the Court
Herrmann, J.:
The question presented is whether a justice of the peace has the power to impose a definite term of imprisonment for nonpayment of a fine.
The petitioner was convicted by a Justice of the Peace for driving under the influence of intoxicating liquor. Since this was his second offense, the mandatory sentence was imposed, i.e., that he pay a fine of $500 and be imprisoned for a term of 60 days. See 21 Del. C. § 4111(a). For failure to pay the $500 fine, the Justice of the Peace also sentenced the petitioner to imprisonment for an additional 150 days. The petitioner has served more…
2Cases cited3 opinions
- Monacelli v. GrimesSupreme Court of Delaware · 1953
- Trader v. JesterSuperior Court of Delaware · 1938
- Mullin v. StateSuperior Court of Delaware · 1937
3Cited by5 opinions
- Lewis v. AndersonSupreme Court of Delaware · 1984
- Asplundh Tree Expert Co. v. ClarkSuperior Court of Delaware · 1975
- Hamilton v. TrivitsSuperior Court of Delaware · 1975
- Wilmington Trust Company v. BarrySuperior Court of Delaware · 1975
- Standley v. Board of Education of Alfred I. DuPont School DistrictSupreme Court of Delaware · 1980