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STATE v. MUNDEN

Nos. N-03-08-3051, N-03-08-3052.

891 A.2d 193 (2005)

STATE of Delaware v. Christine MUNDEN, Defendant.

Superior Court of Delaware, New Castle County.

Decided: August 25, 2005.

Revised: August 26, 2005.

Attorney(s) appearing for the Case

Danielle J. Brennan, Esquire, Deputy Attorney General, Department of Justice, of Wilmington, Delaware, for State of Delaware.

Louis B. Ferrara, Esquire, of Ferrara, Haley, & Bevis, of Wilmington, Delaware, for defendant.

HERLIHY, Judge.

The State has appealed a decision of the Court of Common Pleas dismissing a driving under the influence (DUI) charge against Christine Munden. The trial court dismissed the charge because the State Chemist was not present to testify, as requested of the State by the defense.

The evidence of Munden's blood alcohol content was to come from an intoxilyzer reading not a blood test. The statutes regarding...

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