Legal Opinion
State v. Lynch
Superior Court of Delaware
Decided January 25, 1971PublishedCited by 11 opinions
1Opinion of the Court
QUILLEN, Judge.
The defendant was convicted of driving under the influence by a jury. After initially refusing to take a breath test, the defendant on request was permitted to talk to his attorney and thereafter consented to the test on the advice of his attorney.. A breath test was taken and the results admitted into evidence. It showed a reading of 0.132 percent blood alcohol by weight, a reading considerably higher than the 0.10 standard necessary to give the State the advantage of the statutory presumption. The defendant has moved for a new trial on two grounds.
The defendant first claims…
2Cases cited9 opinions
- Schutt v. MacduffNew York Supreme Court · 1954
- State v. GallantSupreme Court of New Hampshire · 1967
- State v. DurrantSupreme Court of Delaware · 1963
- Otte v. StateNebraska Supreme Court · 1961
- State v. AugerSupreme Court of Vermont · 1963
4 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Toby Joseph Welch v. Iowa Department of Transportation, Motor Vehicle DivisionSupreme Court of Iowa · 2011
- State v. AlbrightCourt of Appeals of Wisconsin · 1980
- State v. CooleySupreme Court of Delaware · 1983
- State v. SuazoNew Mexico Supreme Court · 1994
- City of St. Joseph v. JohnsonMissouri Court of Appeals · 1976
6 more not listed; retrieve them via the Exa API.