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COOK v. OBERLY

459 A.2d 535 (1983)

Inez L. COOK, Plaintiff, v. Charles M. OBERLY, III, Attorney General of the State of Delaware, Henry James Decker, Secretary of the Department of Public Safety of the State of Delaware, and Robert J. Voshell, Director of the Division of Motor Vehicles, Defendants.

Court of Chancery of Delaware, New Castle County.

Decided: March 31, 1983.

Attorney(s) appearing for the Case

Arlen Mekler (argued) and E. Martin Knepper, Wilmington, for plaintiff.

James J. Hanley, Dept. of Justice, Wilmington, for defendants.

LONGOBARDI, Vice Chancellor.

The Plaintiff, Inez L. Cook, was arrested on February 19, 1983, and charged with driving under the influence of alcohol, a criminal offense under 21 Del.C. § 4177. The arresting officer, pursuant to 21 Del.C. § 2742(e), seized Ms. Cook's license and issued to her a temporary license which was effective for fifteen days. She was informed that section 2742(d) gave her the...

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