Two Clayton men charged in separate felony DUI cases

MILFORD — A 50-year-old Clayton man was arrested on felony DUI charges Saturday after his vehicle was found overturned in a ditch just after noon, police said in court papers.

The Delaware State Police said Matthew S. Boyles, 50, of the 800 block of Clayton Delaney Road, was later contacted at Milford Memorial Hospital and allegedly said “he crashed his vehicle due to looking at something on his cell phone” according to an affidavit of probable cause.

A search of the 2001 blue Chevrolet Silverado on Bennetts Pier Road located “two, cold, opened Budweiser beer cans, and five, cold, unopened Budweiser beer cans,” police wrote in the affidavit.

“I detected a strong odor of an alcoholic beverage emanating from the vehicle. Upon contact with [Mr. Boyles], I detected a moderate odor of an alcoholic beverage emanating from his breath as well.

“Upon asking [Mr. Boyles] he admitted to drinking approximately 3 or 4 Budweiser cans of beer prior to operating his vehicle. His speech was very slow, and mumbled, further indicative of consumption of an alcoholic beverage.”

Police were dispatched to the scene at approximately 12:15 p.m., papers said, and Mr. Boyles had been transported to the hospital by EMS due to back injuries, according to papers.

A witness said the vehicle was seen “swerving side to side on the roadway and then exited the roadway, crashing into the ditch,” police said.

According to police, Mr. Boyles consented to a breath test at 1:35 p.m., which registered a .128 percent blood alcohol content; he could not produce his driver’s license, court documents said.

A computer check found that Mr. Boyles was convicted of DUI in 1992, 1995, 2001, and 2005, police said.

Charges included fifth offense DUI of alcohol, failure to have license in possession, cell phone use while driving, and improper lane change.

After arraignment at JP Court 7, Mr. Boyles was initially held by the Delaware Department of Correction in lieu of $5,051 cash bond. A preliminary court hearing was scheduled for Friday morning.

• Also on Saturday, Brandon F. Hartley, 26, of the 300 block of Smyrna Avenue in Clayton, was charged with a felony third offense DUI of alcohol. He was given a $2,000 cash only bond.

Reach staff writer Craig Anderson at canderson@newszap.com

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