Smyrna man charged with 7th DUI offense


SMYRNA — A 58-year-old Smyrna man was charged with an alleged seventh DUI offense last week following a traffic stop on U.S. 13 late last month, court documents said.

According to Delaware State Police in a probable cause affidavit, Don C. English, of the 1600 block of Big Oak Road, was first seen on March 29 driving a Dodge Dakota with registration that expired on Sept. 15, 2015.

Don C. English

Don C. English

The trooper was on routine patrol when the vehicle was spotted at approximately 12:21 p.m., papers said, and a Criminal Justice Information System check confirmed the registration lapse.

A traffic stop ensued in the area of U.S. 13 and Brenford Road, police said, in the Pizzeria Dimeo parking lot.

Mr. English was alone in the vehicle, police said, and a trooper said in documents that he allegedly “had a very strong odor of an alcoholic beverage on his breath and person and his whole body was shaking.

“Don’s eyes were very glassy …”

Mr. English told a trooper he had not had any alcoholic beverages, according to papers. A CJIS inquiry indicated his vehicle was required to have an interlock device.

No interlock device was present, police said in the affidavit, and “Don stated that the device was removed by the company who installed it, several days ago.“

Contacted by police, the Dover DMV said “they had not authorized any removal of the device, however the device may have been removed by the company who installed it,” according to the affidavit.

A CJIS check found that Mr. English was convicted for a sixth offense DUI on Oct. 24, 2012 in Kent County Superior Court, police said.

A trooper stated that an alcoholic beverage bottle was allegedly seen between an arm rest and passenger side seat in the vehicle, which Mr. English said he had not consumed.

In documents, police said Mr. English then agreed to take field tests.

According to police, Mr. English looked very puzzled when asked several times to recite the alphabet from C to R “and then stated C, D, E, F, G, and then had slurred/mumbled speech.”

The same request followed, and police said Mr. English looked puzzled again before allegedly answering “C, D, F, H, R.

“I repeated the above letters to Don and asked is that was what he said/meant and he stated ‘Yes.’ “

More tests followed, police said, and then Mr. English said “no” to submitting to a preliminary breath test at approximately 12:46 p.m.

“I then advised Don I would seek warrants for his blood and he stated he would submit to a (PBT),” a trooper said in the affidavit.

The PBT allegedly registered a .244 blood alcohol content reading, police said, and Mr. English was then transported without incident to Troop 9. His vehicle was towed from the scene, police said.

At 2:50 p.m., police said, Mr. English blew into an intoxilyzer that allegedly registered a .276 reading.

Charges included felony seventh offense DUI, misdemeanor driver’s license suspended/revoked, and no proof of insurance, and an expired tags violation.

Mr. English was arraigned via video phone at Justice of the Peace Court 2 in Rehoboth Beach.

A preliminary hearing was scheduled for April 22 in the Kent County Court of Common Pleas.

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