579 A.2d 1125 (1989)

Gilbert M. ATTIX, Respondent-Below, Appellant, v. Robert J. VOSHELL, Director of the Division of Motor Vehicles, and The Department of Public Safety, Petitioner-Below, Appellees.

Superior Court of Delaware, Kent County.

Decided: June 13, 1989.

Attorney(s) appearing for the Case

Charles E. Whitehurst of Schmittinger and Rodriguez, Dover, for respondent-below, appellant.

Diane J. Bartels, Deputy Atty. Gen., Dept. of Justice, Wilmington, for petitioner-below, appellees.


STEELE, Judge.

On the evening of January 19, 1989, a police officer arrested Gilbert M. Attix II ("appellant") for driving while intoxicated pursuant to 21 Del.C. § 4177. On March 15, 1989, the Division of Motor Vehicles ("Division") held a hearing to determine whether: (a) the arresting officer had probable cause to believe appellant violated section 4177; and, (b) by a preponderance of the evidence, appellant violated that section....

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