State v. Blake, No. 0806028750 (Del.Gen.Sess. 1/12/2010), 0806028750.

Decision Date12 January 2010
Docket NumberNo. 0806028750.,0806028750.
PartiesSTATE OF DELAWARE, Petitioner, v. OGDEN BLAKE, Defendant.
CourtCourt of General Sessions of Delaware

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STATE OF DELAWARE, Petitioner,
v.
OGDEN BLAKE, Defendant.
No. 0806028750.
Court of Common Pleas of Delaware, New Castle County.
Submitted: November 09, 2009.
Decided: January 12, 2010.

Barzilai K. Axelrod, Esquire, Department of Justice, Wilmington, DE, Attorney for State.

T. Andrew Rosen, Esquire, Office of the Public Defender, Wilmington, DE, Attorney for Respondent.

LETTER OPINION

WILLIAM C. BRADLEY, Judge.


This is the Courts decision after trail.

Upon Further reflection the Court is not satisfied that the State has made out the requisite probable cause to detain the defendant for the charges placed, being Driving Under the Influence of Alcohol and Drunk on the Highway.

The Defendant was found some distance from the car on the side of the highway. The officer had not seen the Defendant operating driving or being in actual control of the car. There is evidence that Defendant had consumed some alcohol while on the side of the road before the officers arrived. Defendants admission that it was his vehicle on the

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side of the road cannot be used against him until the corpus delicti of the crime is shown and there is no evidence that it has been shown.

The Defendant is hereby given the benefit of the doubt, and a finding of not guilty is entered as to both charges.

SO ORDERED.

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