State v. Cochran

DUFFY, Justice:

In this appeal we are asked to determine whether the Superior Court correctly construed and applied the intrastate pursuit section of Delaware’s Uniform Law on Fresh Pursuit. 11 Del.C. § 1935.

Defendant was charged with operating a motor vehicle while under the influence of intoxicating liquor, in violation of 21 Del.C. § 4177. During trial the Court granted defendant’s motion to dismiss and, since the ruling raised a “substantial question of law” concerning applicability of the “fresh pursuit” statute, we permitted the State to appeal pursuant to 10 Del.C. § 9903; a ruling by…