State v. Hoffstein

HERRMANN, Chief Justice:

The State appeals under 10 Del.C. § 9902 from dismissal by the Superior Court of an indictment charging the defendant with driving under the influence of a dangerous drug. 21 Del.C. § 4176.

The Superior Court dismissed the indictment with prejudice under Superior Court Criminal Rule 48(b), Del.C.Ann. * The Rule provides that the Court may dismiss an indictment if “there is unnecessary delay in bringing the defendant to trial”. The question before us is whether the Superior Court abused its discretion in dismissing the indictment.

The defendant was arrested on November 3;…