Camden man’s bid to toss DUI blood draw is denied

 

DOVER — A man’s bid to invalidate a DUI of alcohol investigation blood draw last year was denied in Kent County Superior Court Wednesday.

Several factors warranted a Delaware State Police trooper’s probable cause for a blood draw involving motorist Edward Hale after a single-vehicle crash into a ditch on Steeles Ridge Road near Camden on Sept. 15, 2017, Judge Jeffrey J. Clark found in a three-page order.

A .137 percent blood-alcohol reading on a Preliminary Breath Test following a one-vehicle collision and an admission of alcohol consumption were enough probable cause for a magistrate to issue a warrant, the Court found.

“Additional supportive facts including Mr. Hale’s strong odor of alcohol, impaired speech, glassy eyes, and the allegation that his performance on field sobriety tests evidenced ‘many signs of impairment,’ “ Judge Clark reasoned.

Mr. Hale submitted a motion to suppress the blood draw on March 29.

According to the order, the case involved a vehicle driven by Mr. Hale that collided with a mailbox and then into a ditch at 9:51 p.m.

In making his case according to the judge, Mr. Hale cited “no authority in support of his motion.

“Rather, he alleges that the four-corners of the affidavit do not support a finding of probable cause. He also references additional facts not referenced in the affidavit. Namely, he alleges that Mr. Hale correctly performed the alphabet and counting field sobriety tests.”

In addition to DUI, Mr. Hale was also charged with other traffic violations, according to documents.

Reach staff writer Craig Anderson at canderson@newszap.com

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