Motorist loses high court bid to toss DUI conviction


DOVER — A women’s attempt to invalidate a DUI conviction due to her location when targeted on radar was denied in Delaware Supreme Court last week.

Kamiza Sutton maintained since she was outside Laurel town limits when clocked for speeding two years ago that Delaware Code mandates that municipal police had no authority to make a stop.

In a five-page order, however, Justice James T. Vaughn Jr. focused on a Laurel Police officer’s location just inside town limits when conducting speed enforcement on Del. 9 on Oct. 31, 2015.

“The statute requires only that the police operate the speed enforcement equipment within the within the town’s boundaries,” said Justice Vaughn. He was joined in the order by Chief Justice Leo E. Strine Jr. and Justice Karen L. Valihura.

“There is nothing in the statute that would require the target of the speed enforcement equipment also to be within the boundaries of the town.”

According to facts referenced in the order a Laurel police officer had parked his patrol vehicle on the town’s water tower property before making the stop at approximately 12:27 a.m. He clocked Ms. Sutton’s vehicle traveling 59 mph in a 40 mph zone and a traffic stop followed. A DUI charge eventually resulted after investigation.

Ms. Sutton was later found guilty of DUI by a Superior Court jury, a decision she appealed unsuccessfully to Supreme Court.


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