State v. Blake, No. 0806028750 (Del.Gen.Sess. 1/12/2010), 0806028750.
Decision Date | 12 January 2010 |
Docket Number | No. 0806028750.,0806028750. |
Parties | STATE OF DELAWARE, Petitioner, v. OGDEN BLAKE, Defendant. |
Court | Court of General Sessions of Delaware |
Page 1
v.
OGDEN BLAKE, Defendant.
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.
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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