McDuell v. State

HERRMANN, Justice:

The question before us in this appeal is whether a conviction of violation of 21 Del.C. § 4176, 1 prohibiting “driving” a motor vehicle while under the influence of intoxicating liquor, necessarily constitutes a second offense thereunder by reason of a prior conviction of violation of 21 Del.C. § 4111, 2 now repealed, which prohibited “operating” a motor vehicle while under the influence of intoxicating liquor.

In 1961, the defendant John W. McDuell, was convicted before a Justice of the Peace of violating § 4111. In 1964, § 4111 was repealed and replaced by § 4176. 3 In…