State v. Maxwell

HOLLAND, Justice:

The defendant, Richard L. Maxwell (“Maxwell”), was indicted by a Grand Jury in New Castle County for the offenses of Vehicular Homicide in the Second Degree and Driving Under the Influence. Maxwell filed a pre-trial motion to suppress the results of a blood alcohol test taken by the State. Maxwell’s motion was granted by the Superior Court, on the grounds that the police lacked probable cause to take a sample of Maxwell’s blood for testing.

The issue presented in this appeal by the State is whether the Superior Court erred in granting Maxwell’s motion to suppress evidence of…