State v. Dorsey, Case No. 0810008210 (Del.Gen.Sess. 8/31/2009), Case No. 0810008210.
| Decision Date | 31 August 2009 |
| Docket Number | Case No. 0810008210. |
| Parties | STATE OF DELAWARE v. DUNCAN E. DORSEY, Defendant. |
| Court | Court of General Sessions of Delaware |
Michael Handee, Esquire, Deputy Attorney General, Department of Justice Wilmington, DE, Attorney for the State.
Duncan Dorsey, Wilmington, DE, Pro Se.
DECISION AFTER TRIAL
The defendant is charged on October 11, 2008 with operating a vehicle on Route 4, at Westmount Avenue in New Castie County State of Delaware and committing the offenses of, Failure to Obey a Traffic Control Device, in violation of 21 Del. C. §4122(3); Failure to Have Required Insurance, in violation of 21 Del. C. § 211S(p); Driving a Vehicle Under the Influence of Alcohol, in violation of 21 Del. C. § 4177(a); and Endangering the Welfare of a Child while DUI or BUI, in violation of 21 Del. C. § 1102(a)(5). This is the Court's decision following trial.
The facts which led to these charges indicate that on October 11, 2008, at approximately 12:09 a.m., Trooper Lloyd of the Delaware State Police was traveling west on Route 4 at Westmount Avenue, in the County of New Casde, State of Delaware. He observed a vehicle later identified as driven by defendant, turn left onto Westmount Avenue without using the left turn lane. Trooper Lloyd testified he was on routine patrol and began following a 1993 brown Honda Accord, Delaware license number 105219. He observed the vehicle turn left onto Westmount Avenue, from the left-bound travel lane without first moving to the left turn lane. He followed the vehicle and activated his emergency equipment, after they both turned onto Westmount Avenue, where the vehicle came to an abrupt stop. The operator of the vehicle was identified as defendant, Duncan E. Dorsey.
The Trooper testified, seated in the front passenger seat of the vehicle was a six (6) year old or younger child. The Trooper testified the defendant stated he was coming from the Seaford race track and had only consumed one beer. The Trooper testified he detected a strong odor of alcohol beverage coming from the vehicle. Additionally, he observed the defendant's eyes were bloodshot, speech was slurred, and his pants zipper was down. Also, he saw partially concealed in the center console, a Coors beer can, which was later found to be half full. The Trooper testified he requested the defendant's registration, insurance card, and driver's license. The defendant did not produce an insurance card for the vehicle, but did produce license and registration.
Trooper Lloyd testified he requested the defendant exit the vehicle, which he did without difficulty. He thereafter administered the alphabet, counting and finger dexterity tests. Thereafter, he attempted to administer the NHSTA approved tests, but the defendant stated one of his legs was shorter than the other so the NHSTA tests were not administered. He did administer the Portable Breath Test (PBT) which the defendant failed. The defendant was arrested and taken to Troop 6.
After taking the defendant to Troop No. 6, the intoxilyzer test was administered. Prior to the test, the Trooper testified, the unit with serial number 68-010740 was tested for accuracy on September 8, 2008 (State Exhibit No. 30) and on December 2, 2008 (State Exhibit No. 4). State's Exhibit No. 4 was admitted, subject to further consideration by the Court.
The observation period began at 1:01 a.m. and the test was administered at 1:24 a.m. During this period, the Trooper testified he observed the defendant for the required twenty (20) minute period, and he did not eat, smoke, drink, vomit, or belch. Additionally, the defendant was not wearing dentures. The test results show the defendant's blood-alcohol content as .143 (State Exhibit No. 5).
Mr. Dorsey testified he was traveling on Route 4 and put on a signal to turn left onto Westmount Avenue. He did not see the Trooper behind him when making the left turn and there is no left turn lane at this location. He also testified he did not have an open beer can in the vehicle. Defendant testified he was left at the Troop for six hours. He stated Trooper Lloyd went home and left him at the Troop and he was processed by another officer. The Defendant produced an insurance card for the vehicle with effective date of October 17, 2008 and expiration date of April 17, 2009. (Defense Exhibit No. 1).
Trooper Lloyd was called by the State as a rebuttal witness and he testified he was certain that there is a west bound left-turn lane at the intersection of Route 4 and Westmount Avenue.
The statute, 21 Del C. § 4177(a), provides in relevant part that:
"(a) No person hall drive a vehicle . . .
(1) When the person is under the influence of alcohol; or . . .
(5) When the person's alcohol concentration is within 4 hours after the time of driving .08 or more.
The facts indicate Mr. Dorsey was stopped by Trooper Lloyd of the Delaware State Police after he made a left turn without using the left turn lane. Mr. Dorsey challenges the basis of the stop arguing there is no left lane at the intersection of Route 4 and Westmount Avenue. However, Trooper Lloyd testified he was directly behind Mr. Dorsey and clearly observed the turn from the left travel lane and not the left turn lane.
The police are legally permitted to stop a motor vehicle when the officer has facts which would support a finding of reasonable articulable suspicion. To meet this standard, the State must show specific facts which when taken together with rational inferences from those facts reasonably warrants the stop. Officer Lloyd testified he observed the defendant make a left turn from a lane other than the left turn lane. The State has charged the defendant with violation of 21 Del. C. § 4122(3) for making an improper left turn at the intersection of Route 4 and Westmount Avenue. A traffic violation is a basis for the police to stop a motor vehicle. I find the Trooper's testimony credible that Mr. Dorsey made an improper...
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