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Lambert v. State

Supreme Court of Delaware

February 12, 2015

BRADFORD P. LAMBERT, III, Defendant Below, Appellant,
v.
STATE OF DELAWARE, Plaintiff Below, Appellee

Submitted February 11, 2015

Case Closed March 2, 2015.

Court Below -- Superior Court of the State of Delaware in and for New Castle County. Cr. ID. No. 1311011377.

AFFIRMED.

Thomas A. Foley, Esquire, Wilmington, Delaware, Attorney for Defendant Below, Appellee.

Karen V. Sullivan, Esquire, Deputy Attorney General, Department of Justice, Wilmington, Delaware, Attorney for Plaintiff Below-Appellee.

Before HOLLAND, VALIHURA, and VAUGHN, Justices.

OPINION

Page 1254

HOLLAND, Justice.

The Defendant-Below/Appellant, Bradford P. Lambert, III (" Lambert" ) appeals fro a final judgment of the Superior Court. Following a jury trial, Lambert was found guilty of Driving a Vehicle While Under the Influence of Alcohol (" DUI" ).[1] Lambert raises one claim in this direct appeal. Lambert contends that the trial court erred when it denied his motion to suppress blood alcohol concentration (" BAC" ) evidence because the Search Warrant Affidavit (" Affidavit" ) failed to set forth facts sufficient to show probable cause. We have concluded that Lambert's claim is without merit.

Facts

In November 2013, Delaware State Police Corporal Suzanne Lowman (" Cpl. Lowman" ) was called to the scene of a traffic accident where a motorcycle had rear-ended an automobile. At the scene, Cpl. Lowman observed a Trailblazer with rear-end damage and a motorcycle laying on its side. The Trailblazer's driver informed Cpl. Lowman that Lambert, who at the time was being treated by paramedics, was the driver of the motorcycle.

While speaking with Lambert, Cpl. Lowman immediately detected a moderate odor of alcohol on Lambert's breath. Cpl. Lowman also observed that Lambert's eyes were bloodshot and watery. Lambert admitted that he ran into the rear end of the Trailblazer with his motorcycle.

Due to the injuries Lambert sustained in the collision, he was only semi-conscious and unable to complete any field sobriety tests. Cpl. Lowman requested a search warrant from the Justice of Peace Court in order to have a blood sample drawn.[2] The blood draw revealed that Lambert's BAC was .19, more than twice the legal limit.[3] Because this was Lambert's fourth DUI offense, Lambert was charged with Felony ...


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